RAKESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications have been maintained by the petitioners under Section 439 of the Code of Criminal Procedure seeking their release in case FIR No. 75 of 2018, dated 25.04.2018, under Sections 363, 366A and 120 B of Indian Penal Code, 1860 (IPC) , registered at Police Station Karsog, District Mandi, H.P.

(2.) As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. They are neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping them behind the bars for an unlimited period, so they be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 25.04.2018 Shri Hari Singh (complainant) gave a complaint to the police, wherein it has been alleged that on 24.04.2018 his elder daughter (prosecutrix) , who studies in 10+1, did not return from the school. On inquiry, it came to their knowledge that the prosecutrix left the school at 01:00 p.m. The complainant received a phone call from mobile No. 98053-87033 on his cell No. 86298-25132 and he was informed by the caller that he took the prosecutrix. On the basis of the complaint, so filed by the complainant, a case was registered and investigation ensued. During the course of investigation it was unearthed that one Vinod Kumar alongwith his accomplice Rakesh Kumar (petitioners herein) took the prosecutrix in vehicle No. HP86- 1231 and petitioner Vinod Kumar wanted to marry the prosecutrix. Police obtained the date of birth record qua the prosecutrix. On 26.04.2018 petitioner, Rakesh Kumar, made a telephonic call from mobile No. 7018389419 to his family, so according to location of cell phone and investigation made by the police, it was found that on 25.04.2018 the petitioners and the prosecutrix came in vehicle No. HP86-1231 to Hotel Akaash Hotel, Nalagarh. Petitioner Vinod Kumar and the prosecutrix stayed in room No. 6 of the hotel, whereas petitioner Rakesh Kumar slept in the vehicle. On the subsequent day, the petitioners and the prosecutrix left the hotel. Police visited the hotel and took into possession the bed sheet of the bed of room No. 6. On 29.04.2018 the prosecutrix was recovered from Industrial Area, Chandigarh. The prosecutrix refused to get herself medically examined. On 29.04.2018 petitioner Vinod Kumar was arrested and medically examined. Upon the identification of petitioner Vinod Kumar spot maps were prepared and vehicle No. HP86-1231 was taken into possession. On 07.05.2018 petitioner Rakesh Kumar was arrested. Scientific samples were sent to RFSL. As per the prosecution, the challan is ready and is under consideration. Lastly, it is prayed that the bail applications of the petitioners be dismissed as the petitioners were found involved in a serious offence and in case they are released on bail they may tamper with the prosecution evidence and may also flee from justice.