CHAIN SINGH 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. 38 of 2019, dated 11.07.2019, under Sections 363, 366, 376, 120B IPC and Section 4 of POCSO Act, registered in Police Station Nankhari, 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 permanent resident of Himachal Pradesh 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 11.06.2019 father of the prosecutrix (complainant) made a complaint to the police and alleged that on 11.07.2019 the prosecutrix (name withheld) did not come home, so he tried to contract her on her phone, but her phone was switched off. Later on, he came to know that the prosecutrix, while returning home with one Smt. Pushpa, told her that she wants to meet her friend, so she went there. The complainant raised suspicion that someone kidnapped the prosecutrix, who is minor. On the basis of the complaint, so filed by the complainant, police registered a case and the investigation ensued. During extensive search operation initiated by the police, on 13.07.2019 the prosecutrix was found in the house of one Deepak Thakur @ Deepu @ Chain Singh (petitioner herein). The statement of the prosecutrix was recorded under Section 161 Cr.P.C. As per the prosecutrix, on 11.07.2019 while she was returning with her bhabhi, she told her that she intends to meet her friend, Vaishali, so they parted and when she was walking alone, vehicle, having registration No. HP12J-3099, came from Bithal side and the petitioner made her to forcibly board the vehicle. She has further stated that there was one more person in the vehicle, i.e., Surya Dev @ Anku. The petitioner broke her SIM card and also threatened her, so she sat in the vehicle without any protest. The petitioner stopped the vehicle at Barotiwala and Surya Dev @ Anku went somewhere. The petitioner and the prosecutrix remained seated in the vehicle for whole night. On the subsequent day the petitioner took her to his house at Dasora Majra where the petitioner forcibly sexually molested the prosecutrix. During the course of investigation, police procured the records qua the date of birth of the prosecutrix and she was found to be born on 01.12.2003, so at the time of offence she was 15 years, 7 months and 13 days of age. The prosecutrix was medically examined and scientific samples were preserved for forensic analysis. On 14.07.2019 the petitioner was arrested. As per the police, coaccused Surya Dev @ Anku has been enlarged on bail by the learned Trial Court. Forensic analysis report is awaited. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was involved in a heinous crime. There is possibility that in case at this stage the petitioner is enlarged on bail, he may flee from justice. The petitioner can also tamper with the prosecution evidence, so his application be dismissed.