VIJAY 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.176 of 2021, dtd. 8/12/2021, under Ss. 452, 354 of the Indian Penal Code and Sec. 8 of the Protection from Children from Sexual Offence Act, 2012, registered at Police Station Sarkaghat, 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. He is permanent 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, a complaint was lodged by the complainant before the police alleging therein that on 7/12/2021, child victim was alone in her house. She was on the upper floor of the house and brooming the floor. Around 12:00 noon, bail petitioner, who is uncle (Taya ji) of child victim came to her house. On hearing the sound of opening of gate, child victim came down stairs and found bail petitioner there. The petitioner asked her to give him pillow covers, on which, she showed unavailability of the pillow covers. Thereafter, the bail petitioner pushed her towards the room and caught hold of her from her breasts and started pressing her breasts, on which, she screamed and pushed him and ran away from the spot. On this complaint, FIR No.176 of 2021, dtd. 8/12/2021, under Ss. 452, 354 of the Indian Penal Code and Sec. 8 of the Protection from Children from Sexual Offence Act, 2012, registered at Police Station Sarkaghat, District Mandi, was registered against the bail petitioner. Lastly, it is prayed that the instant bail application may be dismissed, as the petitioner has committed a serious 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.