AJAY KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications have been maintained by the petitioners under Section 439 of the Code of Criminal Procedure seeking their release in case FIR No. 64 of 2018, dated 30.08.2018, under Sections 363, 366A, 376D, 506 IPC and Section 6 of POCSO Act, registered in Police Station Nirmand, District Kullu, H.P.

(2.) As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. They are residents of the place 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 them behind the bars for an unlimited period, so they may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 03.08.2018 the complainant, father of the prosecutrix, moved a complaint to the police, wherein it is alleged that on 27.08.2018, at about 12:00 noon, the prosecutrix (name withheld), who is his daughter came to Nirmand market for purchasing medicines, but she did not return. On 29.08.2019 the prosecutrix returned home and she divulged that Ajay (one of the petitioners herein) threatened to kill the complainant. Petitioner Ajay asked the prosecutrix to come to him and he sent a vehicle. Petitioner Ajay took the prosecutrix in a hotel in Rampur, where he sexually assaulted her. On the subsequent day petitioner Ajay took the prosecutrix to Bus Stand Rampur and he told one Satish to drop the prosecutrix at her village. There was one Roshan Lal in the vehicle (another petitioner herein) and they drove the vehicle towards Taklech. When the prosecutrix raised concerned why they are going towards Taklech, they threatened her that she could be thrown in the river. Both these persons also sexually molested the prosecutrix. Thereafter said Satish took the prosecutrix to his room and he sexually molested her and also gave beatings to her. The petitioners and accused Satish Verma threatened the prosecutrix to eliminate her family. On the basis of the complaint, police registered a case and investigation ensued. The prosecutrix was medically examined. On 31.08.2018 the petitioners herein were arrested. Police made the relevant recoveries and prepared the spot map. Police also arrested co-accused Satish. Scientific samples were sent to SFSL, Junga, for analysis. After the conclusion of the investigation challan stands presented in the Court and some of the prosecution witnesses have also been examined in the case. Now the case is listed for examination of remaining prosecution witnesses on 28.06.2019. Lastly, it is prayed that the bail applications of the petitioners be dismissed, as the petitioners were found involved in a serious offence and in case they are enlarged on bail, they may tamper with the prosecution evidence and may also flee from justice. Therefore, the bail applications of the petitioners may be dismissed.