MANEESH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner, under Sec. 439 of the Code of Criminal Procedure seeking his release in case FIR No.114 of 2022 dtd. 3/4/2022, under Ss. 376, 354-D of the Indian Penal Code and Sec. 6 of the Protection from Children from Sexual Offence Act, 2012, registered at Police Station Sadar, District Chamba, 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 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 sending 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 3/4/2022, victim/prosecutrix informed the police that she became friend of the petitioner in September, 2021 and the petitioner started talking to her on her mother's cellphone. He used to meet her in the forest area beside her house. On the pretext of marriage, the petitioner committed sexual intercourse with her on several occasions without her consent. During the course of investigation, the victim was medically examined and her MLC was procured. Thereafter, statement of the victim, under Sec. 164 of the Cr. P.C was recorded in the learned Court below. Lastly, it is prayed that the instant bail application may be dismissed, as the petitioner has committed a serious offence and in case, at this stage, he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, so it is prayed that the instant bail petition may be dismissed.