UMESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been moved by the petitioner under Section 438 of the Code of Criminal Procedure for releasing him on bail, in the event of their arrest, in case FIR No. 445 of 2017, dated 10.10.2017, under Section 376 IPC and Section 4 of POCSO Act, registered at Police Station Paonta Sahib, District Sirmour, H.P.

(2.) As per the learned counsel for the petitioner, the petitioner 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, thus he may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 10.10.2017 the prosecutrix moved a complaint to the police alleging that she is 20 years of age and was in love with the petitioner for the last three years. As per the prosecutrix, the petitioner on the pretext of marrying her used to make physical relations with her. The petitioner was drafted in the Army and he used to call the prosecutrix continuously. The petitioner many times on the pretext of marrying the prosecutrix established physical relations with her. Thereafter the petitioner left the prosecutrix. The petitioner came on leave and on 06.10.2017 he took the prosecutrix to his home and forcible committed sexual intercourse with her. On the basis of the complaint, so filed by the prosecutrix, police machinery was set into motion and investigation ensued. The spot map was prepared and the record qua the date of birth of the prosecutrix was obtained from the concerned Panchayat.