SANJAY Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been moved by the petitioner under Section 438 of the Code of Criminal Procedure for releasing him on bail, in the event of his arrest, in case FIR No.29 of 2019, dated 06.07.2019, under Sections 363, 366 and 120B IPC, registered in Police Station Solan, 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. He is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 06.07.2019, father of the prosecutrix (complainant) made a written complaint to the police and stated that his daughter, prosecutrix (name withheld), who is 17 years old, was taken away by the petitioner. He has stated that on 05.07.2019 the prosecutrix went to market from her quarter for bringing domestic goods. The petitioner forcibly made the prosecutrix to board a vehicle and he took her. Earlier also the petitioner took the petitioner, but when he was pressurized, he dropped her back. Thereafter, the petitioner alongwith his family members came with a proposal to marry the prosecutrix, but it was declined, as the prosecutrix was too young to be married. On the basis of the complaint, so filed by the complainant, police registered a case and the investigation ensued. Police recovered the prosecutrix and she was entrusted in the custody of her father (complainant). The complainant refused to get the prosecutrix medically examined. Police recorded the statements of the witnesses and also prepared the spot map. The statement of the prosecutrix was recorded under Section 164 Cr.P.C. Police also found the involvement of one Nittu, who is cousin brother of the petitioner and as per the police said Nittu assisted the petitioner to take away the prosecutrix. Police made the relevant recoveries. Police procured the records qua the date of birth of the prosecutrix. It has come in the investigation that the petitioner with an intent to marry the prosecutrix took her and left her at Bus Station, Chopal, and fled away. The petitioner joined the investigation on 17.07.2019, 18.07.2019 and 22.07.2019. As per the police, earlier also the petitioner fled and in case he is enlarged on bail at this moment there is possibility that he may flee from justice. Lastly, the prosecution has prayed that the petitioner was found involved in a serious offence, so at this stage, his bail application may be dismissed, as the investigation in the case is going on and there is possibility that in case he is enlarged on bail, he may tamper with the evidence and may also flee from justice.