PARAS BAJAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 438 of the Code of Criminal Procedure seeking his release, in the event of his arrest, in case FIR No. 157 of 2013, dated 08.08.2013, under Sections 363, 366, 376, 120B IPC, Sections 4, 8 and 17 of POCSO Act and Section 5 of PITA, registered in Police Station Palampur, 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 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 Whether reporters of Local Papers may be allowed to see the judgment? sending 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 08.08.2013 father of one of the prosecutrix (name withheld) made a written complaint to the police and alleged that his daughter (prosecutrix) on 01.08.2013 alongwith her friend went to school, but both of them did not return. The complainant raised suspicion that some unknown person has taken them. Upon the complaint, so made by the complainant, police registered a case and the investigation ensued. The mobile location of one of the prosecutrix was found at Rajkot, Gujarat, and mother of one of the prosecutrix received SMS from prosecutrix disclosing that the she is with one Rozy and Yogesh and they are trapped in a big scam. On 09.08.2013 another SMS was received from one of the prosecutrix and she disclosed that they are coming back. On 11.08.2013 both the girls came back and they were medically examined. During interrogation, one of the prosecutrix divulged that on 01.08.2013, in a restaurant, she met Rozy and Yogesh and they were told to accompany them to Rajkot for modeling. Prior to this, another prosecutrix was being allured to come to Rajkot by Rozy.