ASHOK KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in case registered vide FIR No. 161 of 2021, dtd. 10/12/2021, at Police Station, Tissa, District Chamba, H.P. under Ss. 354, 354D IPC and Sec. 12 of the Protection of Children from Sexual Offences Act, 2012 (for short POCSO) Act. Petitioner is in custody since 11/12/2021.

(2.) Petitioner has prayed for grant of bail under Sec. 439 Cr.P.C., in the above noted case, on the grounds that he has been implicated in a false case. The investigation of the case is complete and nothing is to be recovered from him. There is no legal evidence to connect the petitioner with the alleged crime. Petitioner belongs to a respectable family and has roots in the society and, as such, there is no likelihood of his absconding from the course of justice. It has further been contended on behalf of the petitioner that he will abide by all the terms and conditions as may be imposed against him. Petitioner has undertaken not to tamper with the prosecution evidence and to extend any threat etc. to the witnesses or the persons acquainted with the facts of the case.

(3.) In response, the status report has been filed. It is stated that on 10/12/2021, complainant (mother of the victim), submitted a written complaint at Police Station alleging inter alia that her daughter (victim), is a minor aged about 15 years and is a student of 10th class. Petitioner has been harassing the victim for the last about six months. On receipt of complaint from the victim in this regard, complainant had apprised the parents of the petitioner, whereafter petitioner had stopped chasing the victim. It was further alleged that on 9/12/2021, when the victim was returning from school at about 4.30 p.m., petitioner again followed the victim and caught her from arm and also indulged in indecent acts. When the victim reached home, she was weeping. On being asked about the reason for her distress, the victim disclosed about the aforesaid illegal activities. It was further alleged that petitioner on earlier occasion had taken a photograph of the victim from his mobile camera and had posted the same on face book. The victim was also being threatened by the petitioner. On such complaint, case under the aforesaid Sec. was registered. The investigation was carried out. The statement of victim under Sec. 164 Cr.P.C. was recorded. As per respondent, on interrogation, the petitioner disclosed that the victim had been chatting with him from the mobile of her mother since June, 2021. On further investigation, it is also stated to be discovered that the father of petitioner had destroyed and burnt the mobile set and SIM Card used by the petitioner on having attained the knowledge about mis-deeds of the petitioner. The date of birth of the victim was 1/1/2007. The investigation has been completed and the challan has been prepared. Respondent has expressed apprehension that in case of release of petitioner on bail, he may overawe the victim and the witnesses. The bail application has been accordingly opposed.