VISHAL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application under Sec. 439 of the Code of Criminal Procedure has been maintained by the petitioner for grant of bail in case FIR No. 421/2021, dtd. 23/12/2021, under Ss. 294, 354­D, 355, 506 of IPC and Sec. 12 of POCSO Act, registered in Police Station Balh, District Mandi, 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, the petitioner is permanent resident of District Mandi 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, on 23/12/2021, the prosecutrix made a complaint against the petitioner, wherein it has been alleged that she is a student of 10+1 in Hatgarh School, which is at a distance of 3 Kms from her house. She further alleged that last year when schools were closed on account of lockdown, the petitioner used to make calls on her mother's mobile, compelling the prosecutrix to talk to him, but when mother of the prosecutrix asked the reason for calling her daughter, the petitioner stopped calling. However, when school of the prosecutrix reopened, the petitioner started following the prosecutrix on her way to school and also started harassing her by passing comments. On 23/12/2021, when prosecutrix reached her school around 8:40 A.M., the petitioner asked her friend to tell prosecutrix to come outside the school gate and when prosecutrix alongwith her friend came there, the petitioner caught the prosecutrix from her neck and slapped her. Even, when teachers of the school came outside, the petitioner slapped the prosecutrix twice or thrice. Consequently, FIR No. 421/2021, dtd. 23/12/2021, under Ss. 294, 354­D, 355, 506 of IPC and Sec. 12 of POCSO Act, came to be registered against the petitioner. On 25/12/2021 the petitioner surrendered himself and he was arrested accordingly. During interrogation the petitioner disclosed that he wants to maintain relation with the prosecutrix and he was afraid that when she will grow up, she will marry another guy and that is why, when she refused to talk to him, he slapped her. Lastly, it is prayed that the bail application of the petitioner be dismissed, as there is possibility that in case at this stage the petitioner is enlarged on bail, he may repeat such offences again and may also threaten the prosecutrix.