SUKH DEV 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. 29 of 2018, dated 16.02.2018, under Sections 363, 366, 376(2) IPC and Section 6 of POCSO Act, registered in Police Station Sarkaghat, District Mandi, 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 16.02.2018 father of the prosecutrix (name withheld) made a written complaint to the police alleging that on 13.02.2018, at about 03:00 p.m., when he was not present in his home, accused persons, i.e., Sukh Ram (petitioner herein), Geeta Devi, Shambhu Ram, Anju Devi and Chaudhary Ram, took his minor daughter (prosecutrix). Later on, the complainant came to know that the accused persons, including the petitioner, forcibly took the prosecutrix with them. Despite search, the prosecutrix could not be traced. When the complainant party went to bring the prosecutrix back the accused persons did not allow them to meet her and the prosecutrix started shouting. Upon the complaint, so made by the complainant, police registered a case and the investigation ensued. Police recorded the statements of the witnesses and obtained the records qua the date of birth of the prosecutrix. The prosecutrix, at the time of commission of the offence, was found to be 15 years, 7 months and 16 days old. On 14.09.2019 the prosecutrix was traced in Bajaura Kullu, so she was brought back and was medically examined. During the course of further investigation it was unearthed that the prosecutrix and petitioner were to be married, but as the prosecutrix was minor, the father of the prosecutrix refused for marriage. The petitioner took the prosecutrix and started residing with her as husband and wife. Police arrested the petitioner and upon his identification prepared the spot map. Police also collected the scientific samples and sent the same to RFSL, Mandi, for examination. As per the police, on 30.10.2019 challan was presented in the learned Trial Court and upon the receipt of the RFSL report, supplementary challan will also be presented. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a serious crime. There is possibility that in case at this stage if he is enlarged on bail, he may flee from justice. The petitioner can also tamper with the prosecution evidence, so his application be dismissed.