ASHWANI KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been moved by the petitioner under section 439 of the Code of Criminal Procedure, 1973 seeking his release in case FIR No. 20 of 2018, dated 09.02.2018, under Sections 363, 376, 376D IPC and Sections 4 and 6 of POCSO Act, registered in Police Station, Bhoranj, 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 reports stand filed. As per the prosecution story, on 09.02.2018 the complainant, who is father of the prosecutrix (name of the prosecutrix withheld) made a complaint to the police. The complainant alleged that his daughter (the prosecutrix) has been kidnapped by someone. On the anvil of the complaint, so filed by the complainant, police machinery was set into motion and investigation ensued. The prosecutrix was recovered by the police from Jupiter Service Station, Hoshiarpur. The statements of the witnesses were recorded and the spot map was prepared. The spot was also photographed. The statement of the prosecutrix was recorded under Section 164 Cr.P.C., 1973 During the course of investigation, it was unearthed that the petitioner alongwith other accused persons took the prosecutrix towards Hoshiarpur. As per the prosecution, the petitioner and other accused persons took the victim in their vehicle and subjected her to sexual intercourse. The prosecutrix was medically examined. In the case in hand, the challan stands presented in the Court. As per the prosecution, in case the petitioner is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice. Lastly, the prosecution has prayed that the bail application may be dismissed.