RISHI KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 57/2024, dtd. 20/5/2024, registered at Police Station, Kihar, District Chamba, for the commission of offences punishable under Ss. 363 and 376 of the Indian Penal Code (IPC) and Sec. 4 of the Protection of Children from Sexual Offences (POCSO) Act.

(2.) It has been asserted that a false case was registered against the petitioner by the police. The allegations are baseless and incorrect. There is no evidence to connect the petitioner with the commission of crime. The petitioner shall abide by the terms and conditions which the Court may impose. Hence, the petition.

(3.) The petition is opposed by a filing status report asserting that the informant, the father of the victim, made a complaint that the victim was born on 4/8/2007. She left her home on 19/5/2024 without informing any person. The informant suspected that Rishi (petitioner) had kidnapped the victim. The police registered the F.I.R. and recovered the victim. The victim revealed that she was talking to the petitioner. She called the petitioner and told him that her parents were marrying her. She asked the petitioner to marry her. She left her home. No illegal act was done by the petitioner against her. The police seized various articles, and the doctors obtained various samples, which were sent to the State Forensic Science Laboratory (SFSL), Junga. As per the report of SFSL, Junga, the DNA profile obtained from the victim's salwaar and vaginal swab matched the DNA profile obtained from the petitioner's blood. The victim made a supplementary statement that she was frightened and could not disclose the commission of rape earlier. The police arrested the petitioner and filed the chargesheet before the court. One witness out of 31 cited by the prosecution has been examined. The petitioner would intimidate the witnesses in case of his release on bail. Hence, it was prayed that the bail petition be dismissed.