LAL SINGH 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, for grant of bail in case FIR No. 38/2021, dated 16.02.2021, under Section 6 of POCSO Act and Section 376 A, B of IPC, registered at Police Station Balh, District Mandi, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. Further, he is permanent resident of Himachal Pradesh and 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 16.02.2021, mother of the prosecutrix, made a complaint against the accused, alleging therein that on 15.02.2021, at about 12 noon, she was standing outside her Karyana shop at Nerchowk Dhangu road, in the meantime, accused, who was going on a scooty towards Nerchowk bazar, on seeing her, stopped his scooty and started talking to her. When the accused was talking to the complainant, her younger daughter, aged 9 years also came there and when accused left the spot, told her mother that whenever she goes to the shop of the accused for buying candies etc., he used to touch her private parts inappropriately. On hearing this, the complainant made a call to her sister-in-law (devrani), whose 7 years daughter also used to accompany her younger daughter to the shop of accused and when her sister-in-law (devrani) asked her 7 years daughter she also narrated the same version. On the basis of aforesaid allegations, FIR No. 38/2021, dated 16.02.2021, under Section 6 of POCSO Act and Section 376 A, B of IPC, came to be registered against the petitioner. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a heinous crime and there is possibility that in case, at this stage, he is enlarged on bail, he may tamper with the prosecution evidence and also flee from justice.