SANJAY DESHTA 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. 132 of 2019, dated 28.10.2019, under Section 354(A) IPC and Section 10 POCSO Act, registered in Police Station Rohru, 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 sending him behind the bars, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 28.10.2019 upon the receipt of the report from Government Senior Secondary School, Tikkari, qua sexual abuse in school, police started investigation. Police recorded the statements of girl students, which revealed that the petitioner, who is Lecturer Geography, in the said school, used to tease the girl students. Thereafter, the police registered a case and the further investigation ensued. Police prepared the spot map and recorded the statements of the witnesses. Statements of eight girl students were recorded under Section 164 Cr.P.C. All the students stated that the petitioner under the garb of taking selfie with them used to inappropriately touch them. One of the students stated that the petitioner made her watch explicit videos. The girl students further stated that the petitioner used to call them alone in Geography Laboratory, where he used to touch and kiss them. The petitioner further used to tell the students not to disclose his activities to anyone. The girl students divulged the incident to one female teacher, who further divulged it to other female teachers. Thereafter, the Principal of the said school conducted an impartial inquiry and found the allegations true. Resultantly, on 30.10.2019 the petitioner was suspended. On 03.11.2019 the petitioner handed over his mobile phone to the police, which was taken into possession and report from SFSL, Junga, is awaited. As per the police, there is anger in the society qua the offences committed by the petitioner. The petitioner is evading his arrest and upon the orders of the Hon'ble High Court on 31.10.2019 he joined the investigation. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was involved in a serious crime, he is very clever and influential 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.