BALVIR SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in case registered vide FIR No. 68 of 2021, dtd. 12/9/2021 at Police Station, Chopal, District Shimla, H.P. under Ss. 376, 342, 34 of Indian Penal Code (for short "IPC") and Sec. 4 of the Prevention of Children from Sexual Offences (for short "POCSO") Act, 2012. Petitioner is in custody since 14/9/2021.

(2.) Petitioner has approached this Court for grant of bail, in above noted case, under Sec. 439 Cr. P.C., on the grounds that he has been falsely implicated in the case with a view to harass him unnecessarily. The allegation of petitioner is that his false implication is at the instance of persons having inimical relations towards him. He has nothing to do with the alleged offence. Even there is no allegation against him of sexual assault on the victim. Dinesh Kumar, the other co-accused in the case is employed by the petitioner as co-driver-cum-helper. As per petitioner, on 12/9/2021 he alongwith his co-driver- cum-helper Dinesh Kumar stopped the vehicle near place known as "Lani" for checking the condition of vehicle and for having some refreshments. Dinesh Kumar decided to sit in the vehicle. The petitioner visited nearby market to collect essentials for the journey, but on his return found the door of the truck opened and Dinesh Kumar was missing. It has been contended on behalf of the petitioner that he has no idea of the alleged incident. The challan in the case has been filed after completion of investigation. The prolonged incarceration of petitioner shall not serve any purpose.

(3.) Petitioner has further sought his bail by making averments that he is entitled for bail as a matter of right as principally the committal to jail is an exception. Merely levelling of serious charges is not sufficient to deny the petitioner benefit of bail. Petitioner has undertaken not to tamper with prosecution evidence and further not to make any inducement, threat or promise to the persons acquainted with the facts of the case. He has stated that he shall abide by all the terms and conditions as may be imposed against him.