ABISHEK THAKUR 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. 45 of 2017, dated 17.08.2017, under Section 376 IPC and Section 4 of POCSO Act, registered at Police Station Nirmand, District Kullu, 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 24.07.2017 the prosecutrix made a complaint to the police, wherein she has alleged that she is student of 10+1 in GSSS ARSU. On 22.07.2016 she was home with her grand-father and grand-mother.