MUNISH 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 seeking his release in case FIR No. 57 of 2017, dated 22.03.2017, under Sections 376D, 363 IPC and Section 4 of POCSO Act, registered in Police Station Theog, 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 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 22.03.2017 police recorded the statement of the prosecutrix (name withheld) under Section 154 Cr.P.C. The prosecutrix stated that she is 16 years of age and on 22.03.2017, at about 11:00 a.m., when she, alongwith her friend, was near Theog Vegetable Market, she received a telephonic call on her cell phone from one Akhil, with whom she used to talk for about 2-3 weeks. Later on, said Akhil came in a car and on his asking she sat in it.