RAMESH CHAND Vs. STATE OF H P

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. 91 of 2017, dated 12.11.2017, under Sections 376, 506 of the Indian Penal Code and Section 4 of POCSO Act, registered at Police Station Rajgarh, District Sirmaur, 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, the prosecutrix, who was around 17 years of age, was taken away by the petitioner on his motorcycle, when she went to meet, after receiving the call of petitioner above his house near the field. The petitioner took her on his motorcycle and left her in the morning at the same place, then the prosecutrix disclosed the fact that the petitioner has taken away forcibly and committed sexual intercourse with her, which gave rise the present FIR. Lastly, the prosecution has prayed that the bail application may be dismissed.