SUNIL KUMAR 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. 182 of 2016, dated 05.07.2016, under Sections 363, 366A, 376, 506 of Indian Penal Code, 1860 (for short "IPC") and Section 4 of Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act"), registered at Police Station Bhuntar, District Kullu, H.P.

(2.) As per the petitioner, he is innocent and has been falsely implicated in the present case. He is 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, 03.12.2016 the prosecutrix (name withheld) reported the matter to the police alleging that she is studying in 8th class, in Khokhan School. The prosecutrix has further alleged that she received a call on her mobile No. 96253-44840 from mobile No. 70188-09842 and the person calling divulged his name as Shilu (the petitioner herein). The petitioner told her that he wants to marry her and thereafter the prosecutrix and the petitioner remained in talking terms with each other. On 27.11.2016, when she alongwith her sister went to bazaar, the petitioner telephoned her and he came in a vehicle. He forcibly took them to Manikaran, where they stayed there in a hotel where the petitioner committed sexual intercourse with her. On 28th November, 2016, the petitioner dropped the sister of the prosecutrix at Shamshi and he forcibly took the prosecutrix to Jhiri. She was made to stay in a hotel at Jhiri for two days, where also the petitioner committed sexual intercourse with her. Thereafter, the petitioner went to Chandigarh and he asked the petitioner to stay at Jhiri. On 02.12.2016 the prosecutrix reached her home and on 03.12.2016 she narrated the entire episode to her mother. The investigation in the case was conducted and the accused was arrested and after completion of the investigation, the challan was presented in the learned Trial Court and the case is listed for consideration on charge on 09.08.2017. Lastly, the prosecution has prayed that the bail application of the petitioner may be dismissed.