PRITAM SINGH 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 her release in case FIR No. 117 of 2018, dated 21.04.2018, under Sections 363, 366 and 376 IPC and Section 4 of POCSO Act, registered in Police Station Sadar, Solan, District Solan, 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 Himachal Pradesh 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 21.04.2018 father of the prosecutrix made a complaint to the police and alleged that he used to reside in Jatoli, Solan, and works as labourer. He has further stated that he has four children, i.e., two sons and two daughters. On 20.04.2018 when complainant and his wife were away for work, their daughter informed that the prosecutrix (another daughter of the complainant) is missing. During the search, the complainant came to know that the petitioner has taken the prosecutrix. On the basis of the complaint, so made by the complainant, police registered a case and the investigation ensued. Police constituted a team and on 22.04.2018 the petitioner alongwith the prosecutrix was found in his house. Initially, the prosecutrix refused to get herself medically examined, but later on she was medically examined. The petitioner was arrested and was medically examined. During the course of investigation, the petitioner made a disclosure statement to the police and got identified a room where he sexually molested the prosecutrix. Police recorded the statements of the witnesses and also prepared spot map. Statement of the prosecutrix was recorded under Section 164 Cr.P.C. Scientific samples were lifted and sent to SFSL, Junga, for analysis. On 20.07.2018, challan was presented in the Court and after the receipt of SFSL report supplementary challan was also presented in the Court on 19.02.2019. As per the police, now the case is listed for prosecution evidence on 27.08.2019 and 28.08.2019. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was involved in a heinous crime. There is possibility that in case at this stage the petitioner is enlarged on bail, he may flee from justice. The petitioner can also tamper with the prosecution evidence, so his application be dismissed.