BALI RAM 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. 90 of 2018, dated 01.05.2018, under Sections 363, 366, 376, 120B IPC and Sections 4 and 17 of POCSO Act, registered in Police Station Sarkaghat, 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 permanent resident of District Mandi 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.

(3.) Police report stands filed. As per the prosecution story, on 01.05.2018 complainant Shri Ramesh Kumar (father of the prosecutrix) made a written complaint to the police and alleged that on 30.04.2018, at about 06:00 p.m., the prosecutrix (name withheld) eloped with one Som Dutt, who is son of Bali Ram (petitioner herein). The complainant has further alleged that Som Dutt and the prosecutrix also took some cash and valuables from the house of Shri Chint Ram. Upon the complaint, so made by the complainant, police registered a case and the investigation ensued. Police obtained the records qua the date of birth of the prosecutrix and recorded the statements of the witnesses. The prosecutrix, as per the birth records, was found to be minor. During the course of investigation, the complainant filed an affidavit stating that cash and valuables, which were earlier reported by him to be taken away by Som Dutt and the prosecutrix, have been found in the house. Police tracked and traced the cell phone location of the prosecutrix and it was found at Lahul & Spiti. On 07.09.2019 the prosecutrix and accused Som Dutt were found and they were brought to Sarkaghat for identification. The prosecutrix divulged that accused Som Dutt and she used to live as husband and wife and she has pregnancy of four months. The prosecutrix refused to get herself medically examined. Accused Som Dutt divulged that he wanted to marry the prosecutrix, but as she was minor the marriage could not be solemnized and it was agreed to solemnize marriage after two years. It was unearthed that accused Som Dutt took the prosecutrix with him and made her to live with him for more than one and half years as his wife. On 08.09.2019 accused Som Dutt was arrested and during the course of further investigation it was found that Bali Ram (father of accused Som Dutt and petitioner herein) helped in taking away the prosecutrix. On 16.09.2019 the petitioner was arrested and now the investigation in the instant case is complete. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was actively involved in the commission of the crime. There is possibility that in case at this stage 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.