BHUVNESH 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. 64 of 2019, dated 18.03.2019, under Section 376, 452, 506 IPC and Section 6 of POCSO Act, registered in Police Station Sundernagar, District Mandi, 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 she be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 18.03.2019, statement of the prosecutrix (name withheld) was recorded. The prosecutrix stated that she not pass 10th class, so she left the school. She used to live in her house and on 18.03.2019 her mother had gone to the house of her nani. She has further stated that her younger brother had gone to school. At about 11 a.m., when she was resting in a room, the petitioner came and inquired about her mother. The petitioner committed forcibly intercourse with the prosecutrix and threatened her that in case she divulges the incident to anyone she would be eliminated. Thereafter, the prosecutrix weepingly went to the house of Shri Tulsi Ram and divulged the incident to her Bhabhi, Smt. Ghani Devi. Upon the complaint of the prosecutrix, police registered a case and the investigation ensued. The prosecutrix was medically examined and the Medical Officer opined that the sexual intercourse took place. On 18.03.2019 the petitioner was arrested. Police visited the place of incident and prepared the spot map. The spot was photographed and videographed. Police made relevant recoveries and the statements of the witnesses were recorded. Statement of the prosecutrix was recorded under Section 164 Cr.P.C. Record qua the date of birth of the prosecutrix was procured and she was found to be 17 years and nine months at the time of commission of the offence. As per the report of Chemical Pscheologust, the IQ and DQ of the prosecutrix is corresponding to the child aged 11/12 years. After completion of investigation, challan was presented in the learned Trial Court on 15.05.2019 and now the case is listed for consideration on charge on 09.12.2019. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner committed a serious crime. The trial is in initial stage 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.