JAMALUDEEN 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. 17 of 2017, dated 27.02.2017, under Sections 363, 366(A), 376 IPC and Section 4 of POCSO Act, registered at Police Station Kala Amb, District Sirmaur, 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, on 27.02.2017, complainant Shri Sahwan Ansari moved a complaint to the police alleging that he has two daughters and the younger one, whose age is 15 years, used to stay in the house, as she has studied upto 8th standard. He has further alleged that he engaged the petitioner as a servant in his shop and he used to come to his house. On 25.02.2017, when his daughter (prosecutrix) was alone in the house, the petitioner on the pretext of marrying enticed her away. On the basis of the complaint of the complainant, police registered a case against the petitioner and investigation ensued.