AJAY 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. 47 of 2019, dated 02.09.2019, under Sections 363, 366, 376 IPC and Section 4 of POCSO Act, registered in Women Police Station, 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 Whether reporters of Local Papers may be allowed to see the judgment? Yes permanent resident of District Sirmour, H.P., 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 02.09.2019 the prosecutrix alongwith her mother (names withheld) made a written complaint to the police alleging that she is 16 years old and studies in 10th standard. A month back the petitioner, who is a bus conductor, somehow procured her mobile number and talked with her. On 15.08.2019 there was Independence Day function in the school and at about 12:00 noon the petitioner telephoned her and asked her to come on the road. The prosecutrix boarded the bus of the petitioner for Oachghat, but the petitioner took her to Rajgarh. The petitioner took the prosecutrix to a Hotel at Rajgarh and forcibly sexually molested her. Thereafter, the petitioner sent the prosecutrix to Solan. Due to fear the prosecutrix did not disclose the incident to anyone. On 01.09.2019 when the prosecutrix was in her home, the petitioner telephoned her and he asked her to come on the road to meet him. The petitioner told the prosecutrix that he will die, so the prosecutrix sat in the vehicle of the petitioner and he again took her to the same hotel at Rajgarh, where he committed sexual intercourse with her twice. When the prosecutrix told the petitioner to marry her, he tried strangulate her and said that Sharma and Rajput cannot marry.