SANJEEV KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application under Section 439 of the Code of Criminal Procedure has been maintained by the petitioner for releasing him on bail in case FIR No. 19/2019, dated 23.03.2019, under Sections 363, 366 and 376 of the Indian Penal Code (for short "IPC") and Section 6 of Protection of Children from Sexual Offences (for short "POCSO") Act, registered at Police Station Kasauli, District Solan, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. Further, he is permanent resident of Himachal Pradesh and neither in Whether reporters of Local Papers may be allowed to see the judgment? Yes. a position to tamper with the prosecution evidence nor in a position to flee from justice and 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 23.03.2019 father of the prosecutrix (complainant) made a complaint to the police and alleged that on 20.03.2019, the prosecutrix (name withheld), who went to school for appearing in her matriculation examination, did not return home and on inquiry, his elder daughter informed him that the prosecutrix was in touch with Sanjeev Kumar over mobile phone and he is under suspicion that Sanjeev Kumar has kidnapped the prosecutrix (who is minor) by alluring her. On the basis of the complaint, so filed by the complainant, FIR No. 19/2019, dated 23.03.2019, under Sections 363, 366 and 376 of IPC and Section 6 of POCSO Act came to be registered against the petitioner.