VINYAMIN @ FAUJI 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. 25 of 2017, dated 02.06.2017, under Sections 363, 366(A), 372, 376, 506 IPC and Section 4 of POCSO Act, registered in Police Station Nerwa, District Shimla, 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 Whether reporters of Local Papers may be allowed to see the judgment? Yes permanent 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 02.06.2017 the prosecutrix (name withheld), a minor, made a written complaint to the police and alleged that she is youngest sister amongst her siblings and her father has died about six years back. As per the prosecutrix, she left the school after 5th standard and her mother remarried. She and her siblings are being raised by her uncle (Taya) and the petitioner is their neighbour. The petitioner used to tell the prosecutrix time and again that he will take her to Kidhrabad, where her sister has been married. During October, 2016, the petitioner took the prosecutrix in a vehicle from Nerwa and sold her for Rs. 26,000/- to a person at Serpul.