RAJAN 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. 32 of 2014, dated 15.05.2014, under Sections 363, 366, 376 IPC and Section 4 of POCSO Act, Police Station Arki, 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 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 15.05.2014 mother of the prosecutrix (name withheld) made a report to the police that on 07.05.2014 the prosecutrix went to Sewing Centre, Gambhar and thereafter she did not return. Subsequently, the mother of the prosecutrix came to know that the petitioner, who is resident of their village and used to drive a truck, took the prosecutrix with him. On the basis of the complaint, so made by the complainant, police registered a case and the investigation ensued. Police recorded the statements of the witnesses and obtained the records qua date of birth of the prosecutrix. On 05.06.2014 the petitioner and the prosecutrix were found at place Vardhman, Baddi. The prosecutrix and the petitioner wee medically examined. The petitioner was arrested on 05.06.2014. The statement of the prosecutrix was also recorded under Section 164 Cr.P.C. Police made the relevant recoveries and prepared the spot map. Statement of the petitioner was recorded under Section 27 of the Indian Evidence Act. After completion of investigation, police presented the challan in the learned Trial Court on 30.08.2014. As per the police, statements of all the prosecution witnesses have been recorded by the learned Trial Court and now the case is listed for statement of the petitioner under Section 313 Cr.P.C. on 19.06.2019. Lastly, it is prayed that the bail application of the petitioner be dismissed as the petitioner was found involved in a heinous crime and if he is enlarged on bail, he may flee from justice.