SHUKAR RISHI 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.162 of 2020, dtd. 13/10/2020, under Ss. 363, 366, 376 of the Indian Penal Code and Sec. 6 of the Protection from Children from Sexual Offence Act, 2012, registered at Police Station Damtal, District Kangra, 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 13/10/2020, Smt. Rajmati wife of Shri Nandu, resident of village Majra, Tehsil Indora, District Kangra, came to the Police Station and made a complaint alleging therein that she has three daughters and one son. On 12/10/2020, she had gone in the fields for cutting paddy crop and when she returned back, her daughter-victim was not at home. The other children disclosed that she had gone on the tap for washing rice, but did not return back. She searched her at her own in the neighbour and relations, later on, she suspected that one boy, namely, Shukar, (petitioner herein) resident of Bihar, was doing work with her for the last few months and is residing in the adjoining room and after that he has gone to Khanpur at Pathankot and her daughter is having contact of his mobile number and they were talking with each other, she thought that he had allured her and taken her away and when she made a call on his mobile number, he told that the victim is with him. On this complaint, FIR was registered against the petitioner. During the course of investigation, statement of the victim was recorded, under Sec. 164 of the Code of Criminal Procedure and her medical was also examined. Lastly, it is prayed that the instant bail application may be dismissed, as the petitioner has committed a henious 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.