MANJIT KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been moved by the petitioner under Sec. 439 of the Code of Criminal Procedure for releasing him on bail, in case FIR No. 367 of 2018, dated 25.05.2018, under Sections 354, 354B, 506 Penal Code and Sec. 67(A) of IT Act, registered in Police Station, Nadaun, District Hamirpur, 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 25.05.2018, the prosecutrix (name withheld) made a written complaint to the police stating that she is pursuing Computer course from GTI, Nadaun. On 10.05.2018, at about 01:15 p.m., when she was sitting alone in her class, the petitioner came inside the class and showed her vulgar photos in his mobile and she saw her face in those photos. The petitioner threatened the prosecutrix to defame her. As per the prosecutrix, the photos were morphed. Thereafter, the petitioner started clicking her photos and inappropriately touched. The prosecutrix narrated the incident to her mother and on the subsequent day when the petitioner was asked why he did this, he again threatened to get the photos viral. On the basis of the complaint, so made by the prosecutrix, a case was registered and the investigation ensued. Statement of the prosecutrix was recorded under Sec. 161 Crimial P.C. and on 25.05.2018 the petitioner was arrested. It was unearthed during the course of investigation that the petitioner uploaded the photos of the prosecutrix on whatsapp, so his mobile phone was taken into possession and sent to RFSL, Dharamshala. Statement of the prosecutrix was also recorded under Sec. 164 Crimial P.C. Investigation in the matter is still going on and in case the petitioner is enlarged on bail he may tamper with the prosecution evidence and flee from justice. Lastly, the prosecution has prayed that the bail application may be dismissed.