SHESHAV 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. 8 of 2019, dated 12.01.2019, under Sections 376 and 506 IPC and Section 4 of POCSO Act, registered in Police Station Nagrota Bagwan, 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 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 in Child Reform Centre for an unlimited period, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 12.01.2019 mother of the prosecutrix (name withheld) made a written complaint to the police and alleged that she has two daughters. On 07.01.2019 the petitioner, who is their neighbour, came to their house on the occasion of birthday of the prosecutrix (name withheld), who is her elder daughter. As per the complainant, the petitioner took the prosecutrix in a bath room and inserted his finger in the private part of the prosecutrix. The petitioner also threatened the prosecutrix. Due to fear, the prosecutrix did not divulge the incident and only on 11.01.2019 the prosecutrix disclosed the incident to her naani, in turn the complainant was disclosed qua the incident and she disclosed the incident to her husband. Upon the complaint, so made by the complainant, police registered a case and the investigation ensued. The prosecutrix was medically examined. Statement of the prosecutrix was recorded under Section 164 Cr.P.C. Upon the identification of the prosecutrix, police prepared the spot map and recorded the statements of the witnesses. Police obtained records qua the date of birth and caste of the prosecutrix. The petitioner was medically examined and as the petitioner was juvenile, he was sent to Child Reform Centre, Una. The prosecutrix was found to be minor. As per the final medical opinion, it could not be said whether penetration assault occurred or not. As per the police, on 11.03.2019 challan was presented in the learned Trial Court and now the case is listed for 02.11.2019. Lastly, it is prayed that at this stage the bail application of the petitioner may be dismissed, as the petitioner has committed a heinous crime and in case he is enlarged on bail, at this stage, he may tamper with the prosecution evidence and may also flee from justice.