SANDEEP SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been moved by the petitioner under Sec. 439 of the Code of Criminal Procedure for releasing him on bail, in case FIR No. 13 of 2017, dtd. 22/1/2017, under Ss. 363, 366-A, 376 read with Sec. 34 IPC and Sec. 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 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, on 22/1/2017 the mother of the prosecutrix (name withheld) moved a written complaint to the police. As per the complainant, her daughter (prosecutrix) used to study in 9th standard and on 20/1/2017 she was found missing. Despite best efforts the prosecutrix could not be traced and on 22/1/2017 the prosecutrix gave a missed call on the mobile of the complainant. When the complainant telephoned the prosecutrix, she told that she is in Narchat Khud. The prosecutrix narrated that when on 20/1/2017 she was grazing the cattle, the petitioner alongwith co-accused forcibly took her in a vehicle and in Narchat Khud and her to sniff something. Thereafter, the petitioner sexually assaulted the prosecutrix. Upon the complaint, so made by the complainant, police registered a case and the investigation ensued.