BUNTY 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. 12 of2018, dated 26.01.2018, under Section 376 IPC and Sections 4 and 6 of POCSO Act, registered at Police Station Dalhousie, 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. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail. Whether reporters of Local Papers may be allowed to see the judgment? yes

(3.) Police report stands filed. As per the prosecution story, on 26.01.2018 the prosecutrix (name withheld) got her statement recorded with the police, wherein she stated that she is 16 years of age and studies in 11th standard. She further stated that the petitioner on the pretext of marriage committed sexual intercourse with her many times. As per the prosecutrix, in the month of March, 2018, she came to know that the petitioner does not want to marry her. She came to know that she is pregnant and the petitioner on the pretext of marriage committed sexual intercourse with her. On the basis of the complaint, so made by the prosecutrix, police registered a case and the investigation ensued. During the course of investigation, police on the identification of the prosecutrix prepared the spot map and made the relevant recoveries. The prosecutrix was medically examined and the medical officer did not rule out the possibility of recent sexual intercourse. The petitioner was arrested and was medically examined. Police procured the records qua the date of birth of the prosecutrix and it was unearthed that she was born on 21.09.2001. The statement of the prosecutrix was recorded under Section 164 Cr.P.C. As per the final medical opinion, there is single live intrauterine pregnancy of 25 weeks, 03 days, i.e., HR 138 beats/min EDD on 27.05.2018 and there is no gross congenital anomaly seen. On 02.06.2018, the prosecutrix gave birth to a baby girl and the DNA report is awaited. As per the prosecution, on 24.04.2018 challan was presented in the Court and evidence of thirteen witnesses have been recorded. Lastly, it is prayed that the bail application of the petitioner be dismissed as the petitioner was involved in a serious offence, as the petitioner, if released on bail, may tamper with the prosecution evidence and may also flee from justice.