SH. BHARAT SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) Present bail application is filed under Section 439 Cr.P.C. relating to FIR No. 39/2015 dated 12.9.2015 registered under Sections 366, 370, 376 and 506 IPC and under Section 8 POCSO Act 2012 in police station Rekong Peo District Kinnaur H.P.

(2.) It is pleaded that false FIR is registered against petitioner. It is further pleaded that petitioner is not required for any kind of investigation and custodial interrogation. It is further pleaded that investigation and trial will take considerable time. It is further pleaded that petitioner will suffer unbearable hardship if bail is not granted. It is further pleaded that petitioner is sole bread earner in his family. It is further pleaded that petitioner will not influence prosecution witnesses and will not directly or indirectly make any inducement, threat or promise to prosecution witnesses. It is further pleaded that petitioner will not tamper with prosecution evidence. It is further pleaded that any condition imposed by Court will be binding upon petitioner. Prayer for acceptance of bail sought.

(3.) Per contra police report filed. There is recital in police report that petitioner Thakur Dass and co-accused Rajesh Kumar took two un-married girls in a maruti vehicle having registration No. HP-25A-2363 and thereafter petitioner Thakur Dass had committed rape upon prosecutrix. There is further recital in police report that co-accused Rajesh had committed offence under Section 366, 370 and 354A IPC and under section 8 of Pocso Act 2012 with another minor prosecutrix. There is further recital in police report that statement of prosecutrix under Section 164 Cr.PC also recorded before learned Chief Judicial Magistrate. There is further recital in police report that as per location shown by prosecutrix site plan was prepared. There is further recital in police report that birth certificate of prosecutrix also obtained from gram panchayat Pangi. There is further recital in police report that accused persons Thakur Dass and Rajesh Kumar are married persons. There is further recital in police report that in case bail is granted to petitioner then petitioner will threat prosecution witnesses and investigation will be adversely effected. There is further recital in police report that till date report of SFSL Junga not received. Prayer for dismissal of bail application sought.