LATIF Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Sec. 439 of the Code of Criminal Procedure seeking his release in case FIR No. 116 of 2018, dtd. 17/11/2018, under Ss. 363, 366A, 376, 201 and 120B IPC and Sec. 4 of POCSO Act, registered at Police Station, Tissa, 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 17/11/2018 the complainant moved a written complaint to the police, wherein he contended that his daughter (prosecutrix), who studies in 5th standard, is missing after the night of 14/11/2018 and despite best efforts she could not be traced. The complainant further stated that Abdul Lateef (petitioner herein) with an intention to marry the prosecutrix, took her away. The complainant sought that action be taken against the petitioner. On the basis of the complaint, so made by the complainant, police registered a case and the investigation commenced. On 20/11/2018 the petitioner brought the prosecutrix to Police Station, Tissa, and she was handed over to her mother. Police recorded the statements of the witnesses. The statement of the prosecutrix was got recorded under Sec. 164 Cr.P.C. and she was medically examined. During the course of investigation, the prosecutrix divulged that on 15/11/2018 and 16/11/208 the brother of the petitioner (Rehmat Ali, co-accused) made her to reside in room with co-accused at Barmana and on 23/11/2018 she was made to reside in a room in Theog. She got both the places identified to the police. Police effected the recoveries and scientific samples were collected. Police also procured records qua date of birth of the prosecutrix. On 17/12/2018 co-accused Rehmat Ali came to the police station, he identified the recovered articles and on the same day he was arrested.