AKASH SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 141 of 2017, dated 06.07.2017, under Sections 376, 354, 455 & 506 IPC, Section 4 of POCSO Act and Section 3(2)(v) of SCST Act, registered at Police Station Bilaspur, District Bilaspur, H.P.

(2.) As per the petitioner, he is innocent and has been falsely implicated in the present case. He is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution, the prosecutrix made a complaint to the police alleging therein that she bought a SIM having mobile number 93181-75320 from the shop of the petitioner about one and half years back. Thereafter, the petitioner started calling the prosecutrix and he also messaged her. The prosecutrix has further alleged in her complaint that the petitioner used to call from mobile numbers 70181-89133 and 82689-4466 and also with different numbers. The prosecutrix came under the influence of the petitioner and started talking to him. Thereafter, on a day, when she was alone in the home the petitioner came and sexually assaulted her. As per the prosecutrix, subsequently, she was sexually assaulted many times, but due to fear she did not disclose to anyone. On 28.06.2017 at about 10:45 p.m., when she went outside to attend the call of nature, the petitioner came and forced her not to bolt the door from inside. The petitioner was inebriated and he pushed the door due to which the prosecutrix fell down on the bed. The petitioner also used force on the prosecutrix and when bhabhi of the prosecutrix awoke, the petitioner fled away. On the basis of the complaint, so made by the prosecutrix, police machinery was set into motion and a case was registered against the petitioner. The spot was photographed and spot map was also prepared. The prosecutrix was medically examined, however, the doctor has finally opined that according to history of clinical examination & RFSL report, there are no signs suggestive of recent forceful sexual contract and the sexual assault was not ruled out. The prosecutrix belongs to schedule caste. The police investigation revealed that she was born on 11.10.1999. The statements of the prosecutrix and other witnesses were recorded. The police procured CDRs of 93181-75320, 70181-89133 and 82639-4466 and forensic analysis of the same are yet to be received. As per the prosecution, on 03.10.2017 challan was presented in the Court and after receipt of FSL report, supplementary challan will be filed in the Court. Lastly, it has been prayed that in case the petitioner is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice. As the petitioner has committed serious crime, he may not be enlarged on bail and the application may be dismissed.