JAGDEV SINGH 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. 142 of 2019, dated 09.09.2019, under Sections 354, 354A, 506 IPC and Section 8 of POCSO Act, registered in Police Station Jawali, 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 09.09.2019 written complaint of the prosecutrix (name withheld) was forwarded to the police by Superintendent Grade-II, B.E.E.O., Jawali. The complaint was qua sexual harassment by the petitioner, who is teacher in Primary School Badhel, with the prosecutrix in the school. On 07.09.2019 the Sexual Harassment Committee constituted by the school management to probe into the allegations of the prosecutrix found the petitioner guilty, so the matter was sent to police. As per the allegations made in the complaint, the petitioner used to tease the prosecutrix, who is student of 5th standard in the said school. The petitioner time and again repeated his acts with the prosecutrix, so the prosecutrix divulged it to her parents. The parents of the prosecutrix made a written complaint to the school and the allegations made therein were found to be true. The school management sent the matter to police for apt action under the law. The police registered a case and the investigation ensued. Police prepared the spot map and recorded the statements of the witnesses. The record qua the date of birth of the prosecutrix was obtained. Statement of the prosecutrix was recorded under Section 164 Cr.P.C. Police took into possession the mobile phone of the petitioner. During the course of investigation, it was unearthed that on 13.08.2019, at about 11:00 a.m., when the prosecutrix went to the petitioner for getting her notebook checked, the petitioner indecently touched her. The prosecutrix divulged the incident to her mother, who due to illness could not report the matter. On 26.08.2019, at about 11:00 a.m. the prosecutrix again went to the petitioner for getting her English homework checked. The petitioner touched her private parts and also kissed her and also told her not to divulge the incident to anyone. The prosecutrix narrated the incident to her mother, who telephonically disclosed these facts to Principal Smt. Anju on 30.08.2019. On 31.08.2019 a written complaint was made on behalf of the prosecutrix, so Anti Sexual Harassment Committee started inquiring the matter. The petition was found guilty by the committee, so the matter was sent to the police. Police recorded the statements of the witnesses and also procured the relevant records. Mobile of the petitioner was sent to RFSL, Dharamshala, and report of the examination did not reveal any explicit chat. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner has committed a serious crime. The petitioner is hiding the truth and 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.