RAKESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Sec. 439 of the Code of Criminal Procedure seeking his release in case FIR No. 24 of 2002, dtd. 26/6/2002, under Sec. 363, 366A and 376 IPC, registered at Police Station, Pooh, District Kinnaur, 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 26/6/2002 the complainant, who is mother of the prosecutrix, made a report to the police, The complainant stated that on 25/6/2002 her daughter, prosecutrix (name withheld), who is 17 years old, went to Pooh bazaar for getting medicines for herself, but she did not return. The complainant has further stated that one Jagdish Chander, who is resident of her village, disclosed her that he saw the prosecutrix traveling with the petitioner in vehicle, having registration No. HP27-0202. The complainant raised suspicion that the petitioner took the prosecutrix. On the basis of the complaint, so made by the complainant, a case was registered and the investigation ensued. During the course of investigation records qua date of birth of the prosecutrix was obtained. The prosecutrix was traced by the police and she was medically examined. The statements of the witnesses were recorded and the spot map was prepared. The petitioner absconded and despite efforts he could not be traced, so on 10/4/2003 he was declared proclaimed offender by the Court. As the petitioner could not be traced, so challan under Sec. 299 Cr.P.C. was prepared and presented in the Court. On 2/7/2018, Constables Goldy and Vikas, P.O. Cell, Reckong Peo, were sent to trace the probable whereabouts of the petitioner. The said police team arrested the petitioner near Rampur. The petitioner was medically examined and produced in the Court. After 31/7/2018 the petitioner is behind the bars. As per the prosecution, the petitioner intentionally evaded his arrest and he is very clever person. Lastly, it is prayed that the bail application of the petitioner be dismissed as the petitioner was involved in a serious offence. The petitioner, if released on bail, may tamper with the prosecution evidence and may also flee from justice, as he earlier also fled from justice.