SUSHIL 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 seeking his release in case FIR No. 54 of 2014, dated 09.03.2014, under Sections 363, 366, 376 IPC and Section 4 of POCSO Act, registered in Police Station, Sadar, District Solan, 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, one Amar Singh (complaint) made a complaint to the police whereupon a case was registered against the petitioner. The complainant has alleged that on 08.02014, at about 09:30 p.m., daughter of his brother, prosecutrix (name withheld), who was aged about 16 years and studying in 10th class, after taking dinner went to her bedroom, but thereafter she went missing. Despite best efforts, the prosecutrix could not be traced. The complainant party came to know that the prosecutrix was kidnapped/abducted by some unknown person. Upon the complaint, so made by the complainant, a case was registered and the investigation ensued. During the course of investigation, the petitioner was arrested on 21.02014. Police found the involvement of the petitioner in the commission of the alleged offence, hence challan was filed against the petitioner in the learned Trial Court. As per the prosecution, now the case is being listed for final arguments. Lastly, the prosecution has prayed that the bail application may be dismissed.