PARAS BAJAJ 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. 157 of 2013, dated 08.08.2013, under Sections 363, 366, 376, 120B IPC, Sections 4, 8 and 17 of POCSO Act and Section 5 of PITA, registered in Police Station Palampur, District Kangra, 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. No fruitful purpose will be served by sending 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 08.08.2013 father of one of the prosecutrix (name withheld) made a written complaint to the police and alleged that his daughter (prosecutrix) on 01.08.2013 alongwith her friend went to school, but both of them did not return. The complainant raised suspicion that some unknown person has taken them. Upon the complaint, so made by the complainant, police registered a case and the investigation ensued. The mobile location of one of the prosecutrix was found at Rajkot, Gujarat, and mother of one of the prosecutrix received SMS from prosecutrix disclosing that the she is with one Rozy and Yogesh and they are trapped in a big scam. On 09.08.2013 another SMS was received from one of the prosecutrix and she disclosed that they are coming back. On 11.08.2013 both the girls came back and they were medically examined. During interrogation, one of the prosecutrix divulged that on 01.08.2013, in a restaurant, she met Rozy and Yogesh and they were told to accompany them to Rajkot for modeling. Prior to this, another prosecutrix was being allured to come to Rajkot by Rozy. Thereafter, they met one Sunny Walia and they told him that they are going to Rajkot and looking for stay for couple of days, Sunny Walia took them to his village house, where no one was present. They stayed in the said house for 01.08.2013 and 02.08.2013 and on 03.08.2013 one boy, namely Ankit dropped them at Prormallah and they boarded a bus of Haryana Roadways. On the evening of 03.08.2013 they reached Chandigrah and met one Arshdeep, who was telephoned by Ankit. Thereafter, they were taken to a disco Arshdeep and Paras and made to stay in a flat. They were made to consume liquor and charas and therafter they all went to the house of one Shubham. On 04.08.2013 they remained at Chandigarh and were in constant touch with Rozy. Rozy asked them to come to Delhi, so on 05.08.2013 they went to Delhi and met Rozy and Yogesh. The train, which was booked by Rozy and Yogesh, could not be boarded, so Yogesh went in that train and Rozy took them to Jaipur in a bus. On 07.08.2013 they reached Rajkot and they were made to stay in a flat where other girls were also present. On suspicion, when the prosecutrix asked as to what is going on, Rozy disclosed that they run a sex racket. When the prosecutrix refused for prostitution, Yogesh told them that they will be given a separate flat. In the interregnum, Rozy received a phone call from Himachal and got perplexed. Rozy told that police got the clue, so on 09.08.2013 Yogesh dropped them in a train to Delhi and also gave Rs. 1500/-. The prosecutrix further disclosed that on 10.08.2013 they reached Chandigarh from Delhi. At Chandigarh they met Arshdeep and Paras and one of the prosecutrix was sexually molested by Paras. On 13.08.2013 both the prosecutrix were medically examined and one of them divulged that two and four months back she was sexually molested twice by someone and another prosecutrix divulged that she was sexually molested by one Varun Khanna. Statement of one of the prosecutrix was recorded under Section 164 Cr.P.C. and on 27.08.2013 accused Rozy was arrested. On 28.08.2013 accused Sunny Walia and on 29.08.2013 accused Ankit Sood were arrested. Both these accused persons were medically examined. Police procured the records qua the date of birth of both the prosecutrix. As per the police, the accused persons took away both the prosecutrix with an intention to push them in prostitution. On 12.11.2013 challan was presented in the learned Trial Court and challan against juvenile offender Varun Kumar Khanna has been presented on 05.03.2014, who has been acquitted on 06.09.2018. Accused Rozy, Gaurav and Ankit have been enlarged on bail. Accused Yogesh and Arshdeep have absconded and could not be arrested, despite best efforts. The petitioner also absconded and on 24.10.2019, upon the orders of this Hon'ble Court, he joined the investigation. The petitioner was medically examined. As per the police, interrogation and investigation from the petitioner is yet to be conducted. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was involved in a serious crime and he evaded his arrest for many years. 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.