VIJAY 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. 222 of 2017, dated 11.12.2017, under Sections 363, 376 IPC and Section 4 of POCSO Act, registered in Police Station Theog, District Shimla, 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 permanent resident of District Kullu and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 11.12.2017 the mother of the prosecutrix (name withheld) made a written complaint to the police and alleged that she has two daughters and two sons. On 01/02.12.2017 her elder daughter (prosecutrix) went missing and despite search she could not be traced. As per the complainant, the prosecutrix is aged about 17 years. Police registered a case and investigation ensued. Police extensively searched the prosecutrix and ultimately on 13.12.2017 she was recovered from Manimajara. The prosecutrix was medically examined and her statement under Section 164 Cr.P.C. was recorded. Police obtained the records qua the date of birth of the prosecutrix. Police recorded the statements of the witnesses. The petitioner, despite best efforts could not be traced. On 26.01.2019 the petitioner was found at Chaila. The petitioner was arrested and medically examined. As per the police on 17.04.2019 challan was presented in the learned Trial Court and the next date of hearing is fixed on 02.12.2019. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a serious crime. He has initially evaded his arrested, so there is possibility that in case at this stage if he is enlarged on bail, he may flee from justice. The petitioner can also tamper with the prosecution evidence, so his application be dismissed.