LAWS(HPH)-2022-9-16

JYOTI PARKASH Vs. STATE OF HIMACHAL PRADESH

Decided On September 08, 2022
JYOTI PARKASH Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The instant bail application has been maintained by the petitioner, under Sec. 439 of the Code of Criminal Procedure, for grant of bail, in case FIR No. 127/2022, dtd. 23/4/2022, under Ss. 363, 366 A, 376 of IPC and Ss. 6 and 17 of POCSO Act, registered at Police Station Nurpur, 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. Further, he is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 23/4/2022, father of the prosecutrix made a complaint to the police, alleging therein that on 4/4/2022, around 12:00/12:30 p.m., the prosecutrix went to close her ATM account in the bank at Sadwan, however, when she did not return from the bank, he started searching her at his own level, but she could not be traced. On 18/4/2022, the prosecutrix made a telephonic call to the complainant and told him not to worry about her, as she is in Chandigarh with the petitioner. As per the allegations made in the complaint, the petitioner enticed the prosecutrix. Consequently, FIR No. 127/2022, dtd. 23/4/2022, under Ss. 363, 366 A, 376 of IPC and Ss. 6 and 17 of POCSO Act, came to be registered against the petitioner and the investigation ensued. On 5/5/2022, in presence of parents of the prosecutrix, search of the house of the petitioner was conducted and the prosecutrix was recovered therefrom. During investigation, it was unearthed that on 4/4/2022, when the petitioner called the prosecutrix to Gaggal, his mother and brother were also accompanying him and took the prosecutrix to their house, confined her there for a month and did not allow her to go outside. During aforesaid period, the petitioner also maintained physical relations with the prosecutrix. After completing all the codal formalities, challan was presented in the learned trial Court. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was involved in a serious crime and there is possibility that in case at this stage he is enlarged on bail, he may flee from justice and may also tamper with the prosecution evidence.