SUNIL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release, in case FIR No. 87 of 2021, dated 31.05.2021, under Section 354 IPC and Section 10 of POCSO Act, registered at Police Station Bhoranj, District Hamirpur, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is permanent resident of the place, thus neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 31.05.2021, police received an email, wherein the complainant, mother of the prosecutrix, stated that one Sunil Kumar (petitioner herein) earlier used to tease her daughter, prosecutrix (name withheld), and on 30.05.2021 the prosecutrix sobbingly narrated to her that at about 2 p.m. the petitioner tried to forcibly sexually molest her. When the complainant reported the incident to the mother of the petitioner, she started abusing her. Upon, the complaint, so made by the complainant, police registered a case under the apt sections and the investigation ensued. Police visited the spot of occurrence and prepared the spot map. Statements of the witnesses were recorded and the prosecutrix was medically examined. On 31.05.2021 the petitioner was arrested and medically examined. Statement of the prosecutrix was also recorded under Section 164 Cr.P.C. Police procured the records qua the date of birth of the prosecutrix. As per the police, the investigation is complete and on 16.06.2021 challan stands presented in the learned Trial Court and now the case is listed on 15.07.2021. Lastly, it is prayed that the bail application be dismissed, as the petitioner was found involved in a serious offence. The petitioner, in case at this stage, enlarged on bail, may tamper with the prosecution evidence and may also flee from justice, so the bail application may be dismissed.