JAFAR ALI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release, in case FIR No. 31 of 2021, dated 24.03.2021, under Sections 363, 366-A, 376 and 506 IPC and Section 4 of POSCO Act, registered at Police Station Majra, District Sirmour, 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 neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as he is resident of the place. No fruitful purpose will be served by keeping him behind the bars, so he be released on bail.

(3.) Police report stands filed. Succinctly, the prosecution story, as emanates from the records is that on 24.03.2021 father of the prosecutrix (complainant) made a complaint to the police alleging therein that he alongwith his family lives migratory life and for six months in summer he resides in a kiosk located in Haripur Forest. As per the complainant, his younger daughter, prosecutrix (name withheld), is sixteen years old and no records qua her date of birth is available. A year back, one Jafar (petitioner herein) took the prosecutrix to Paonta and kept her in his house. The petitioner sexually molested the prosecutrix and the matter was amicably resolved. However, the petitioner did not desist from his activities and started chasing the prosecutrix. The petitioner committed forcibly sexual intercouse with the prosecutrix and about 20 days back he again repeated his act. Some unknown person reported that the complainant has solemnized marriage of his minor daughter (prosecutrix) to Child Helpline. So, the complainant alongwith his daughter was taken to Nahan, where statement of the prosecutrix was recorded and on being asked by the Child Helpline people, he reported the matter to the police. Upon the complaint, so made by the complainant, police registered a case and the investigation commenced. Police visited the spots of occurrences, recorded the statements of the witnesses and all codal formalities were completed. During the course of investigation, it was unearthed that about one year back the petitioner took the prosecutrix with him and after two months he again sexually molested the prosecutrix. It has further come in the investigation that about 15-20 days back the petitioner came to the kiosk of the prosecutrix and sexually molested her. Upon the identification of the prosecutrix, police prepared the spot maps and effected relevant recoveries. Police medically examined the prosecutrix, procured her date of birth record and recorded her statement. On 30.03.2021 the petitioner was arrested. As per the police, both petitioner and the prosecutrix belong to same community. On 27.05.2021, after completion of investigation, challan stands presented in the learned Trial Court. Report of forensic analysis is awaited from SFSL, Junga. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner has committed a heinous crime. There is possibility that in case at this stage, if the petitioner is enlarged on bail, he may flee from justice and may tamper with the prosecution evidence, so his bail application be dismissed.