NARENDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 438 of the Code of Criminal Procedure seeking his release, in the event of his arrest, in case FIR No. 242 of 2019, dated 23.10.2019, under Sections 354, 354A and 506 IPC and Sections 10 and 12 of POCSO Act, registered in Police Station Nurpur, District Kangra, 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 sending him behind the bars, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 23.10.2019 the prosecutrix (name withheld) made a complaint to the police alleging that she studies in Government Senior Secondary School, Gangath, where the petitioner works as Teacher. As per the prosecutrix, the petitioner is Physics Teacher and on 22.10.2019 he called the prosecutrix in the Laboratory alone and told her that he wants to hug her. When the prosecutrix refused, he forcibly hugged her. Prior to the incident, the petitioner also teased other girls and threatened them. The prosecutrix narrated the incident to her mother and reported the matter to the police. Upon the complaint, so made by the prosecutrix, police registered a case and the investigation ensued. Police prepared the spot map and clicked photographs. Police recorded the statements of the witnesses. During the course of investigation, a collective complaint has been made to the police by the victim girl students. On 23.10.2019 the petitioner had sudden attack, so he was rushed to PHC, Gangath, wherefrom he was referred to CH Nurpur and then to Dr. RPCMC, Tanda. The petitioner was taken to Ajay Heart Care Centre, Pathankot, by his relatives and then he was referred for further treatment to Care Medical Centre, Delhi. Upon the direction of this Court, the petitioner joined the investigation. As per the police, statements of victim girl students under Section 164 Cr.P.C. have been recorded. Police procured the records qua date of birth and caste of the victims, including the prosecutrix. Nothing is to be recovered from the petitioner. As per the police, there is anger in the society against the petitioner. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a serious crime, he is very clever person. There is possibility that in case at this stage, if 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.