MOHAMAD IQBAL Vs. STATE OF H.P

JUDGEMENT

(1.) Present petition is filed under Section 439 of the Code of Criminal Procedure 1973 for grant bail in connection with FIR No.49 of 2014 dated 27.10.2014 registered under Sections 363, 366, 376 IPC and under Section 4 of Protection of Children from Sexual Offences Act 2012 at Police Station Zhakari District Shimla HP.

(2.) It is pleaded that allegations against the petitioner are that petitioner had kidnapped the prosecutrix and thereafter forced the prosecutrix for marriage. It is pleaded that allegations against the petitioner are false and petitioner is innocent. It is pleaded that petitioner will not tamper with the prosecution evidence. It is pleaded that the age of the petitioner is 20 years. Prayer for acceptance of bail petition filed under Section 439 Cr.P.C sought.

(3.) Per contra police report filed. There is recital in police report that FIR No. 49 of 2014 dated 27.10.2014 has been registered against the petitioner under Sections 363, 366 and 376 IPC and under Section 4 of POCSO Act 2012 at Police Station Zhakri District Shimla HP. There is recital in police report that on dated 27.10.2014 Kalam Singh came in Police Station along with his wife Sita Devi and filed criminal report. There is recital in police report that Kalam Singh has four daughters and one son. There is recital in police report that on dated 26.10.2014 at about 9 AM prosecutrix went to stitching centre Jeuri and thereafter prosecutrix did not come to her residential house. There is recital in police report that birth certificate of the prosecutrix obtained and as per birth certificate of the prosecutrix the age of the prosecutrix is 16 years and one month. There is recital in police report that site plan was prepared and petitioner was arrested. There is recital in police report that petitioner Mohamad Iqbal kidnapped the prosecutrix at Jammu on the pretext of marriage. There is recital in police report that prosecutrix and petitioner Mohamad Iqbal resided at Kathua for 5/7 days and thereafter petitioner took the prosecutrix to Indore in Madhya Pradesh through Delhi. There is recital in police report that thereafter prosecutrix and petitioner Mohamad Iqbal started residing in a rented room at Indore in Madhya Pradesh. There is recital in police report that petitioner Mohamad Iqbal has kept the prosecutrix as his wife and had committed sexual intercourse with her. There is recital in police report that bed sheet, shirt, salwar and underwear took into possession and sealed in a parcel. There is recital in police report that statement of the prosecutrix also recorded under Section 164 Cr PC. There is recital in police report that if the petitioner is released on bail then petitioner would create obstruction in the trial of the criminal case. Prayer for dismissal of bail petition sought.