BHAYANSARU DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is accused in case registered vide FIR No. 96 of 2021 dtd. 30/7/2021 at Police Station, Padhar, District Mandi, H.P. under Ss. 363, 376 of IPC and Ss. 4, 17 and 21 of the POCSO Act, 2012. Petitioner is in custody since 7/8/2021 in the above noted case.

(2.) By way of instant petition, petitioner has prayed for grant of bail, in the above noted case, under Sec. 439 of the Code of Criminal Procedure (for short "Code') on the grounds that petitioner has been falsely implicated in the case. She is mother of one Pawan Kumar, who is the main accused in the case. She has been arrayed as accused on the allegation that she despite knowledge that the prosecutrix was below 18 years of age, allowed her to stay with her son Pawan Kumar in the house. She also had the knowledge of the rape committed on prosecutrix by Pawan Kumar.

(3.) It has been contended on behalf of petitioner that the investigation of the case is already complete and the protracted incarceration of petitioner is not going to serve any fruitful purpose. Petitioner is permanent resident of village Bamsoi (Takoli), Post Office Nagwai, Tehsil Aut, District Mandi, H.P. She has undertaken not to tamper with the prosecution evidence and is ready and willing to abide by all the conditions as may be imposed in case of her enlargement on bail.