SURAJ KUMAR SHARMA 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.06 of 2021, dtd. 7/1/2021, under Ss. 363, 342, 376, 506, 201 of the Indian Penal Code and Sec. 4 of the Protection from Children from Sexual Offence Act, 2012, registered at Police Station Kot Kehloor, District Bilaspur, 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 keeping him behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, Smt. Sheela Devi mother of the prosecutrix made a written complaint to the police alleging therein that on 23/12/2020 around 8:30 p.m, prosecutrix had gone to buy some articles from a shop and on the way, she met the petitioner (accused) who was neighbourer of the grandmother of the prosecutrix. Thereafter, the petitioner enticed her and took her on the motorcycle towards Nangal side. She had asked the petitioner to take her to the house of her grandmother, but the petitioner told that that he forgot the path and inadvertently, he had reached Barsar. Thereafter, the petitioner took the prosecutrix to one hotel and gave her tea to drink. After drinking tea, the prosecutrix felt unconsciousness. As per the prosecutrix, the petitioner had mixed some intoxicated substance in her tea. The petitioner closed a door and committed sexual intercourse with her. In the morning, when the prosecutrix tried to raise alram, the petitioner threatened her that he had obscene video film of the prosecutrix and he would make the video viral.