BHARAT RAWAT Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court seeking bail in case FIR No. 131 of 2018, dtd. 29/9/2018, registered in Police Station Rohru, District Shimla, H.P. under Ss. 363, 366A, 376 and 506 of the Indian Penal Code (for short 'IPC') and Ss. 4 and 6 of Protection of Children from Sexual Offence Act (for short 'POCSO Act').

(2.) Status report stands filed and record was also made available. As per prosecution case, on 29/9/2018, Hari Lal father of victim had lodged missing report of his 12 years old daughter, suspecting her kidnapping by one Bimal, whereupon FIR under Ss. 363 and 366 IPC was registered and investigation initiated. On receiving information from the sources, on 10/2/2019, Kiosk of petitioner was raided and victim and petitioner were found there residing together. On the basis of statement of victim and other evidence on record including medical report, Sec. 376 IPC as well as Ss. 4 and 6 of POSCO Act were also incorporated. Petitioner was arrested on 11/2/2019 and after remaining in Police custody till 15/2/2019, he is in judicial custody since 16/2/2019. It has also been stated in the status report that as per information gathered by the Police, complainant and his family, after registration of FIR in present case are not traceable, who are citizens of Nepal as they have returned to Nepal whose address is not known to anyone including Yash Pal, landlord of family of complainant.

(3.) It has been advocated on behalf of petitioner that in present case first three witnesses including complainant Hari Lal and his victim daughter are key witnesses to the prosecution case, but despite fixing dates by the trial court for number of times and issuance of summons for their appearance, these witnesses are not appearing and every time it is reported by the Serving Agency/Police that their whereabouts are not traceable and further that on 30/12/2021 as a last resort notice was issued by the trial Court to SHO of Police Station concerned, directing him to produce PWs 1 to 3 before trial Court on next date i.e. 27/1/2022. It has been submitted on behalf of petitioner that on 27/1/2022 also PWs 1 to 3 were not present but again 29/3/2022 has been fixed for recording evidence of PW-1 to PW-3, despite the fact that on previous date last opportunity was granted to the prosecution. It has been further stated that during last three years, out of 21 witnesses, only 7 witnesses have been examined and that complainant and his victim daughter are not turning up.