ANUJ 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. 14 of 2019, dated 12.03.2019, under Sections 363, 366A, 376 IPC and Section 4 of POCSO Act, registered in Police Station Nirmand, District Kullu, 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 12.03.2019 Shri Shayam Lal (complainant) made a complaint to the police and alleged that on 11.03.2019, at about 09:00 p.m., the prosecutrix (name withheld), who is his daughter, went missing. Despite best efforts, she could not be traced. As per the complainant, the prosecutrix is 16 years old. Upon the complaint, so made by the complainant, police registered a case and the investigation ensued. The call details of the mobile, which the prosecutrix was having, were obtained and location of the prosecutrix was traced. On 15.03.2019 the prosecutrix was found at Bhadol bus stand and the complainant identified her. The prosecutrix was medically examined and the doctor preserved samples. Statement of the prosecutrix was recorded under Section 161 Cr.P.C. Police procured the records qua the date of birth of the prosecutrix and she was found to be 15 years and 11 months of age. On 18.03.2019 the statement of the prosecutrix was recorded under Section 164 Cr.P.C.. On 21.03.2019 the petitioner was arrested and was medically examined. During the course of investigation, it has come that on 23.03.2019 the petitioner committed sexual intercourse with the prosecutrix in a room of Sun-N-Snow hotel at Shimla. Upon the identification of the prosecutrix, police made relevant recoveries from the hotel and also seized the relevant records. As per the medical opinion, the prosecutrix was subjected to sexual assault. On 03.06.2019, after completion of investigation, police presented the challan in the Court and eight witnesses have been examined. As per the police, now four more witnesses, including the prosecutrix, are to be examined and the case is listed for their evidence on 04.11.2019. Report of DNA profiling is awaited. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner has committed a heinous offence. In case the petitioner is enlarged on bail, at this stage, he may tamper with the prosecution evidence and may also flee from justice, so the bail application of the petitioner be dismissed.