PRITAM SINGH 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. 155/2021, dtd. 29/9/2021, under Ss. 363, 366, 366-A and 376 of IPC and Sec. 4 of POCSO Act, registered in Police Station Bhawarna, District Kangra, 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, 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 27/9/2021 father of the prosecutrix (complainant) made a complaint to the police and alleged that on 25/9/2021, he alongwith his family was at Village Chulla. Around 6:30 P.M. the prosecutrix, who is a student of 12th Standard, went to urinate, and after 15-20 minutes, when she did not return, they started searching her and came to know that petitioner Pritam Singh, who also lives in Village Chulla, is missing from his house. Thereafter, the complainant made a call to petitioner's mobile and talked to her daughter, who told him that she is at Nagla- Varan, U.P. and coming back to home. However, when prosecutrix did not return, the complainant again contacted her and she told that the petitioner is not letting her come. As per the complainant, the petitioner took his minor daughter on the pretext of marriage. Consequently, FIR No. 155/2021, dtd. 29/9/2021, under Ss. 363, 366, 366-A and 376 of IPC and Sec. 4 of POCSO Act came to be registered against the petitioner and the investigation ensued. The accused was arrested on 29/9/2021. During interrogation accused disclosed that he has solemnized marriage with the prosecutrix at Nagla- Varan Shiv Mandir, U.P. and also admitted to have committed sexual intercourse with the prosecutrix. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was involved in a heinous crime and there is possibility that in case at this stage the petitioner is enlarged on bail, he may flee from justice and also tamper with the prosecution evidence.