PREM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been moved by the petitioner under Section 438 of the Code of Criminal Procedure for releasing him on bail, in the event of his arrest, in case FIR No. 20 of 2019, dated 20.03.2019, under Sections 363, 366A, 120B, 376 IPC and Section 4 of POCSO Act, registered in Police Station Tissa, District Chamba, 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 20.03.2019 the mother of the prosecutrix (name withheld) lodged a complaint with the police alleging that on 19.03.2019, at about 06:00 p.m., her daughter (prosecutrix) went missing from home. The complaint saw a vehicle from the lintel, which was going in a very high speed. The complaint raised a suspicion that someone took the prosecutrix on the pretext of marrying her. Upon the complaint, police registered a case and the investigation ensued. During the course of investigation, the prosecutrix was found with accused Trilok Singh of village Lilyana, but he managed to escape in the jungle. The prosecutrix was handed over to her parents. The prosecutrix divulged that in a jaatar (a religious function) she came in touch with accused Trilok and thereafter they used to talk on phone. She further divulged that on 19.03.2019, at about 07:30 p.m., accused Trilok Singh called her and asked to come on the road. Accused was accompanied by his brother Prem (petitioner herein) Sobhia Ram and driver and they took her in the vehicle. When they reached near Nakrodh, one Bittu, who is resident of her village, stopped his vehicle ahead of their vehicle, so accused Trilok and Prem quarreled with him and the driver of their vehicle left them. The accused persons and the petitioner took the prosecutrix to the house accused Sobhia Ram. Thereafter, on the subsequent day accused Trilok and Prem (petitioner herein) took the prosecutrix to village Lilyana, where accused Trilok sexually molested her twice. On 21.03.2019 accused persons and the petitioner came to know that police are coming, so accused Trilok took the prosecutrix to jungle and during the night he again sexually molested her twice in his home. On 22.03.2019 and 23.03.2019 accused Trilok took her to his uncle's house and on 24.03.2019 accused again took her to jungle and the police nabbed them. The statement of the prosecutrix was also recorded under Section 164 Cr.P.C. Police prepared the spot map and got the prosecutrix medically examined. Record qua date of birth of the prosecutrix was also procured. Police recorded the statements of the witnesses and accused Trilok was arrested on 02.04.2019. Report qua scientific evidence was also received from RFSL, Dharamshala. As per the police, the petitioner assisted the main accused in the commission of the crime. On 18.05.2019 challan stands presented in the Court. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was involved in a serious offence and in case he is released on bail, he may tamper with the prosecution evidence and may also flee from justice.