ANKUSH AND ANOTHER Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioners under section 439 of the Code of Criminal Procedure, 1973 seeking their release in case FIR No. 82 of 2018, dated 12.06.2018, under Section 354-D IPC read with Section 34 IPC and Section 12 of the POCSO Act, registered at Police Station Bhoranj, District Hamirpur, H.P.

(2.) As per the averments made in the petition, the petitioners are innocent and have been falsely implicated in the present case. They are residents of the place, 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 12.05.2018 the prosecutrix (name withheld) made a complaint to the police, wherein it is averred that she studies in 10+1 in Senior Secondary School, Bhareri. On 09.06.2018, two boys gave her a slip whereon a mobile number was written and on 11.06.2018, after alighting from bus, when she was going to her home on foot, three boys came on a motorcycle and they tried to give a slip having mobile number, but she did not accept. On 12.06.2018, at about 02:05 p.m., when she was going on foot to her home, a vehicle, having registration No. PH10BH-1146 came from Badher side, and the same was stopped in front of her. Three boys were sitting in the vehicle and the driver of the vehicle forcibly tried to pull her from her arm. In the interregnum, her aunt came there and she objected. As per the prosecutrix, the petitioners tried to forcibly take her, so they followed her. On the basis of the complaint, so filed by the complainant, a case was registered and the investigation ensued. Police prepared the spot map and the prosecutrix was medically examined. As per the medical examination report, the prosecutrix sustained simple injuries. The statements of the witnesses were recorded. The petitioners were arrested and the statement of the prosecutrix was recorded under Section 164 Cr.P.C., 1973 The vehicles, viz. car having registration No. PH10BH-1446, and motorcycle having registration number HP74-5340, were taken in possession alongwith the documents. During the course of investigation, Section 8 was supplanted with Section 12 of the POCSO Act, as no case was made out under Section 8 of the POCSO Act. Police also procured records qua the age of the prosecutrix, which demonstrated that on the date of occurrence she was just below sixteen years of age. The prosecution has prayed that in case the petitioners are enlarged on bail, they may tamper with the prosecution evidence and may also flee from justice. The challan is yet to be prepared. Lastly, it is prayed that the bail application 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.