VIPIN 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. 7 of 2017, dated 12.01.2017, under Sections 363, 120B read with Section 34 IPC, registered at Police Station Baijnath, District Kangra, H.P.

(2.) As per the averments made in the petition, 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, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 12.01.2017 Shri Desh Raj (complainant) made a written complaint to the police, wherein he has averred that on 10.01.2017 his daughter (prosecutrix) eloped with the petitioner. As per the complainant, the petitioner managed to take away the prosecutrix with the help of his mother, Smt. Ganta Devi. On the basis of the complaint, so filed by the complainant, police registered a case against the petitioner and the investigation ensued. Statements of the witnesses were recorded. The petitioner was enlarged on bail in case No. 154 of 2016, dated 30.09.2016, registered under Sections 363, 376 read with Section 34 IPC and Section 4 of POCSO Act, but upon the persistent goading of Smt. Ganta Devi the petitioner took away the prosecutrix, thus Sections 120B and 34 IPC were added in the FIR. Police obtained the record qua date of birth of the prosecutrix, which is 30.10.2002, so Section 4 of POCSO Act was also added. The petitioner was arrested on 08.05.2017 and was medically examined. Statement of the prosecutrix was also recorded under Section 164 Cr.P.C. The petitioner is under judicial custody since 18.05.2017. As per the medical report, the possibility of sexual assault upon the prosecutrix has been ruled out. The challan stands presented in the Court. As per the police, the petitioner and his cousin brother have earlier been booked for taking away the prosecutrix. Lastly, the prosecution has prayed that the bail application may be dismissed.