SHUBHAM KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications have been maintained by the petitioners under Section 439 of the Code of Criminal Procedure seeking their release in case FIR No. 162 of 2019, dated 31.08.2019, under Sections 363, 376 read with Section 34 IPC and Section 4 of POCSO Act and Section Whether reporters of Local Papers may be allowed to see the judgment? Yes.3(2)(V) of SC&ST Act, registered in Police Station Nagrota Bagwan, District Kangra, H.P.

(2.) As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. The petitioners are residents 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 them behind the bars for an unlimited period, so they be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 31.08.2019 one Shri Ashwani Kumar @ Raju made a written complaint to the police and alleged that he has four children, three daughters and a son and his niece, who is prosecutrix (name withheld) also resides with him. He has stated that his elder daughter, who is 15 years of age, another prosecutrix (name withheld) on 30.08.2019 alongwith his mother and niece went to Kohala to his sister's house and they reached Nagrota Bagwan at about 2/2:30 p.m. As per the complainant, when his mother stopped for purchasing some goods and returned to road, both the prosecutrix were missing. Despite best efforts both of them could not be traced and the cell phone of his niece was switched off. The complainant suspected that some unknown person took away the prosecutrix and his niece. Upon the complaint, so made by the complainant, a case was registered and the investigation ensued. On 31.08.2019, from a room of Hotel/restaurant Amrit both the girls were traced and the complainant identified the girls as his daughter and niece. The statements of both the prosecutrix were recorded under Section 161 Cr.P.C. Police recorded the statements of witnesses and both the prosecutrix were sent for medical examination, but their parents refused to get them medically examined, so their medical could not be conducted. During the course of investigation one of the prosecutrix was found to be 18 years of age. On 01.09.2019 the police arrested the petitioners and they were medically examined. On 03.09.2019 statements of the prosecutrix were recorded under Section 164 Cr.P.C. Records qua the date of birth of the prosecutrix were obtained. Police collected the scientific sample for analysis and also procured the record of the hotel and it was unearthed that on 30.08.2019 petitioner Kunal Spehia booked a room in Amrit Hotel and on 31.08.2019 the room was vacated. As per the record, four persons stayed in the said room. During the course of investigation it was unearthed that both the girls belong to Schedule Caste and records qua their caste have also been procured by the police. Report from RFSL, Dharamshala, qua the footage from DVR is awaited. Lastly, it is prayed that the bail application of the petitioners be dismissed, as the petitioners were found involved in a serious crime. There is possibility that in case at this stage they are enlarged on bail, they may flee from justice.