ASLAM ALIAS AASHU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this petition, petitioner has prayed for grant of regular bail in FIR No.10 of 2019 dated 15.2.2019 registered at Police Station, Woman Baddi under Sections 363, 366, 120-B & 506 of IPC and Section 17 of the POCSO Act.

(2.) The allegation against the petitioner is that the prosecutrix, who was a minor, was taken away from the lawful custody of her father on 14.2.2019 allegedly by one Khalil son of Kohli, which resulted in lodging of said FIR at the behest of the father of minor girl on 15.2.2019. Primarily the allegation against the petitioner is that he assisted the principal accused in enticing the girl from the lawful custody of her parents and that after the minor girl was unlawfully taken away from the custody of her father by the main accused, petitioner helped the main accused as also the prosecutrix to reside in a room which allegedly was arranged by him. Petitioner is stated to be in custody since 18.2.2019. Status report was filed on the previous date of hearing, perusal of which demonstrates that investigation in the FIR is complete and thereafter challan has also been filed before the appropriate Court.

(3.) Learned counsel for the petitioner has argued that a false case has been registered against the petitioner, as he is not guilty of the offences alleged against him and even otherwise as the investigation in the matter is complete and the challan also stands filed, no fruitful purpose will be solved by keeping the petitioner in custody especially as the petitioner is a local resident of village Bhangla, his entire family is settled there and thus there is no chance of his evading the trial or jumping over the conditions imposed upon him in case this Court releases him on bail.