LAWS(HPH)-2023-5-17

VIVEK CHAUHAN Vs. STATE OF HIMACHAL PRADESH

Decided On May 09, 2023
Vivek Chauhan Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The instant bail application has been moved by the petitioner under Sec. 439 of the Code of Criminal Procedure for releasing him on bail, in case FIR No. 15 of 2023, dtd. 16/2/2023, under Sec. 376 of Indian Penal Code (for short 'IPC') and Sec. 6 of Prevention of Children from Sexual Offences Act (for short 'POCSO Act'), registered at Police Station Renukaji, District Sirmour, H.P.

(2.) The facts, which emerge from the records, can be summarized as under:

(3.) The learned counsel appearing on behalf of the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. He has further submitted that taking into consideration the age of the petitioner, i.e. 20 years, if he is not enlarged on bail, his career will be ruined. He also submitted that the petitioner is behind the bars since his arrest and no fruitful purpose will be served by keeping him behind the bars for an unlimited period, as trial may take sufficiently long time to conclude. He also submitted that the petitioner and the prosecutrix are willing to marry each other after the prosecutrix attains the age of 21 years.