NAND LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in case registered vide FIR No.31 of 2021, dtd. 29/10/2021, at Police Station Women Cell at Sadar Chamba, District Chamba, H.P. under Ss. 354A, 506 of the Indian Penal Code (for short 'IPC') and Ss. 8 and 10 of the Protection of Children from Sexual Offence, Act 2012 (for short "POCSO") Act. Petitioner is in custody since 29/10/2021.

(2.) Petitioner has approached this Court for grant of bail, in above noted case, under Sec. 439 Cr. P.C., on the grounds that the prosecution case is based on absurd, baseless and imaginary story. As per petitioner, he is innocent and has been falsely implicated in the present case by the complainant, who is none other than his wife. It is alleged that the complainant and petitioner have strained matrimonial relation and the complainant has filed a divorce petition against the petitioner, which is pending adjudication. A false case has been foisted against the petitioner, as he is contesting the petition for divorce filed by the complainant. It is further submitted that the incident as alleged had taken place in August, 2021, whereas it was reported in October, 2021 after two months. Had there been any truth in the version of the victim or the complainant, the victim would have disclosed the alleged misdeeds of petitioner to the other residents of the house.

(3.) Petitioner has further averred that he is permanent resident of Village and Post Office, Lahara, Tehsil Salooni, District Chamba, H.P. and there is no likelihood of his fleeing from the course of justice. Petitioner is ready and willing to abide by all the terms and conditions as may be imposed against him. Investigation is complete and the challan has also been filed. Petitioner has further undertaken not to tamper with the prosecution evidence. Petitioner has no previous criminal history. Petitioner has also placed reliance on the judgments passed by the Hon'ble Supreme Court in Gurubaksh Singh Sibbia vs. State of Punjab (1980) 2 SCC 565, Kalyan Chandra Sarkar vs. Rajesh Ranjan @ Pappu Yadav, AIR 2005, SC 921, Sanjay Chandra vs. Central Bureau of Investigation, AIR 2012 SC 830, State of Kerala vs. Raneef, AIR 2011 SC 340 and Maulana Mohammed Amir Rashadi vs. State of Uttar Pradesh and another (2012) 2 SCC 382.