MANOJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been moved by the petitioner under Sec. 438 of the Code of Criminal Procedure for releasing him on bail, in the event of his arrest, in case FIR No. 53 of 2019, dated 29.05.2019, under Sections 354-A IPC, registered in Police Station, Bhawarna, Tehsil 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 resident of the place and 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 29.05.2019 police received a written complaint alongwith other documents from Principal, Senior Secondary School, Gaggal. As per the allegations, on 23.05.2019 the petitioner herein, who works as IP Teacher in the said school teased the prosecutrix (name withheld). The prosecutrix studies in 10+1 in the said school and she is only student of computer. She has further divulged that the petitioner used to touch her inappropriately with his hands and legs. On the basis of the said complaint, police registered a case and investigation ensued. Police clicked the photographs of the spot and also recorded the statements of the witnesses. Police also made relevant recoveries. The prosecutrix refused to get herself medically examined. The statement of the prosecutrix was recorded under Sec. 164 Crimial P.C. The petitioner joined the investigation on 01.06.2019 and since then he is joining and co-operating in the investigation. As per the police, the investigation in the case is almost complete. Lastly, the prosecution has prayed that the petitioner was found involved in a serious offence and in case he is enlarged on bail, at this stage, he may tamper with the prosecution evidence and may also flee from justice, so the application may be dismissed.