MANISH 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. 106 of 2019, dated 27.06.2019, under Sections 363, 366A and 376 IPC and Section 4 of POCSO Act, registered in Police Station Jawalamukhi, District Kangra, 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 26.06.2019 police recorded the statement the mother of the prosecutrix under Section 154 Cr.P.C. She (complainant) alleged that on 26.06.2019 she alongwith her two minor daughters was present in the home and her husband had gone to his work. At about 04:30 p.m., she was busy doing domestic work and when she came back to home, she did not find her younger daughter (prosecutrix, name withheld). Despite best efforts, the prosecutrix could not be traced. The complainant had suspicion that the petitioner took away the prosecutrix. On the basis of the statement of the complainant, police registered a case and the investigation ensued. Police found the prosecutrix with the petitioner and she was handed over to her mother (complainant). Police prepared the spot map and recorded the statement of the prosecutrix. The prosecutrix was medically examined and the Medical Officer did not rule out the possibility of sexual intercourse. The prosecutrix divulged that on 26.06.2019 the petitioner sexually molested her in a room near a dhaba, where he used to work. So, on 27.06.2019 the petitioner was arrested and was medically examined. The prosecutrix identified the said dhaba, where she was sexually molested. Police prepared the spot map of that place and also recorded the statements of the witnesses. Police also made the relevant recoveries. Statement of the prosecutrix was also recorded under Section 164 Cr.P.C., wherein she stated that she does not want to live with her parents, so she was sent to Open Shelter Home and on 02.07.2019 she was handed over to her parents. Police procured the records qua the date of birth of the prosecutrix. Nothing significant was found in the report of RFSL qua the sexual intercourse, however, the possibility of sexual intercourse was not ruled out. Police presented the challan in the learned Trial Court and after the receipt of DNA and psychiatry reports, supplementary challan will be presented in the Court. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner committed a heinous 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.