JASPREET 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. 242 of 2021, dtd. 31/10/2021, under Ss. 363, 376 of IPC & Sec. 4 of POCSO Act, registered at Police Station Sadar, District Shimla, 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 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, on 31/10/2021, mother of the prosecutrix made a complaint to police, wherein it has been alleged that her daughter is missing and she has apprehension that one Lalu (petitioner herein) has forcibly took her with him. During the investigation, information has been received from Police Station, City Moga, Punjab, that mother of the petitioner and one Charanjit Singh has handed over the custody of the prosecutrix to her Mami, Paramjit Kaur. Thereafter, statement of the prosecutrix was recorded, wherein she has alleged that on 30/10/2021, around 2:00 p.m., the petitioner asked her to meet him and took her to a hotel near St. Thomas School, where he has committed sexual intercourse with her and took her to Moga. Consequently, FIR No. 242 dtd. 31/10/2021, under Ss. 363, 376 of IPC and Sec. 4 of POCSO Act came to be registered against the petitioner. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner has committed a serious crime. In case the petitioner is enlarged on bail, at this stage, he may tamper with the prosecution evidence and may also flee from justice.