AMAN KUMAR 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.50/2021 dtd. 27/3/2021, under Ss. 363, 366, 376 of the Indian Penal Code and Sec. 4 of the Protection from Children from Sexual Offence Act, 2012, registered at Police Station Amb, District Una, 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 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 24/3/2021 the victim/girl/prosecutrix went missing from Dera at Bande De Hatti, Tehsil Amb, District Una. The complainant-Faquir Mohammad (father of the victim) suspected the involvement of the petitioner-accused in kidnapping his daughter. On 27/3/2021, the matter was reported to the Police Station concerned and a case, under the apt Ss. of IPC was registered. During the course of investigation, police found the victim/prosecutrix from the house of one Harjit Kaur at Kishanpura, Jalandhar (Punjab). The medical examination of the victim/prosecutrix was conducted at Regional Hospital, Una, which reveals that she was pregnant. The samples of victim/prosecutrix and the accused were preserved during the course of their medical examinations and sent to RFSL, Dharamshala, for chemical analysis and DNA profiling. The victim/prosecutrix gave birth to a baby girl on 24/9/2021 and her DNA examination revealed that the victim/prosecutrix is her biological mother and accused-petitioner is her biological father. 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.