RAJENDER KUMAR 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, for releasing him on bail, in case FIR No. 83 of 2018, dated 06.09.2018, under Sections 452, 376, 506 and 34 of IPC and Sections 4 and 17 of Protection of Children from Sexual Offences (POCSO) Act, registered at 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, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 06.09.2018, the mother of the prosecutrix lodged a complaint with the police alleging that on 05.09.2018, the prosecutrix was sleeping in a separate room, at about 12:00/1:00 (midnight), the cousin of the prosecutrix, whose house is next to the house of the prosecutrix, came out from his house and saw a person running from their courtyard. The cousin of the prosecutrix apprehended him and on asking, he disclosed that his friend, i.e. present petitioner, is inside the house of the prosecutrix. When the room of the prosecutrix was opened, the petitioner was found hiding himself underneath the bed of the prosecutrix. The prosecutrix told that the petitioner has forcibly committed wrong act with her and also threatened her from disclosing the incident to anyone. Consequently, FIR No. 83 of 2018, dated 06.09.2018, under Sections 452, 376, 506 and 34 of IPC and Sections 4 and 17 of POCSO Act, came to be registered against the petitioner.