BALBIR SINGH @ AMAN 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. 300 of 2017, dated 23.11.2017, under Sections 363, 376 IPC and Section 4 of POCSO Act, registered at Police Station Sadar Hamirpur, 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 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 211.2017 the complainant, Smt. Reeta Kumari, made a written complaint to the police, wherein it was averred that her daughter (prosecutrix) , aged approximately 17 years, is doing training in fashion designing from Hamirpur. On 111.2017 the prosecutrix went from home to Hamirpur alongwith one Arkishta. On the same day the prosecutrix stayed in her room at Hamirpur alongwith her friends. On 21.11.2017, the complainant received a telephone call informing her that the prosecutrix is not coming to college. The complainant apprehended that the petitioner, who is resident of New Indira Colony, Manimajara, Chandigarh, took the prosecutrix. On the basis of the complaint, so made by the complainant, a case was registered and the investigation ensued. The mobile location of the prosecutrix was found at Hasanpur, District Palval, Haryana. The petitioner was arrested from New Indira Colony, Manimajara, Chandigarh. On 28.11.2017, the prosecutrix was medically examined and the doctor opined that she has been sexually assaulted. Statement of the prosecutrix was also recorded under Section 164 Cr.P.C. The petitioner was also medically examined. The petitioner is in judicial custody after his arrest. As per the police, the challan stands presented in the Court. The petitioner is very clever person and in case he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, as he is resident of different State. Lastly, the prosecution has prayed that the bail application may be dismissed.