RAJ KUMAR 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. 329 of 2018, dated 12.12.2018, under Sections 363, 366A, 323, 504, 509 IPC and Section 4 of POCSO Act, registered in Police Station Sadar, Chamba, District Chamba, 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. 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 12.12.2018, complainant, grand-mother of the prosecutrix, made a complaint to the police and alleged that her daughter, who is widow, has two minor children, i.e., one son and one daughter (prosecutrix). As per the complainant, on 08.12.2018, her daughter alongwith her son went to Tanda Hospital for medical treatment. On 12.12.2018 the petitioner came to their house and told the complainant that her daughter (mother of the prosecutrix) is very ill and he asked the complainant to take the prosecutrix to her mother in the hospital alongwith his wife. At about 11 p.m., when the complainant telephonically contacted her daughter, she informed that the prosecutrix did not come to her. The complainant raised a suspicion that the petitioner took the prosecutrix, so she made the complaint. Acting upon the complaint, so made by the complainant, police registered a case and investigation ensued. On 12.12.2018 the police traced the prosecutrix in a hotel of Banikhet. Her statement under Section 161 Cr.P.C. was recorded and she was medically examined. On 12.12.2018 the petitioner was arrested and he was medically examined. Police procured the records qua the date of birth of the prosecutrix. Police also made relevant recoveries. The statement of the prosecutrix was also recorded under Section 164 Cr.P.C. Police prepared the spot map and recorded the statements of the witnesses. Scientific samples were lifted and sent to RFSL, Dhamashala for analysis. As per the medical evidence, there was evidence of recent sexual intercourse. Challan stands presented in the Court and now the case is listed for prosecution evidence on 08.08.2019 and 09.08.2019. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was involved in a serious offence and there is possibility that in case at this stage he is enlarged on bail, he may flee from justice or tamper with the prosecution evidence.