THAKRU CHAUHAN 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 her release in case FIR No. 66 of 2019, dated 25.04.2019, under Sections 363, 366, 354, 397 IPC and Sections 4 and 8 of POCSO Act, registered in Police Station Karsog, 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 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.

(3.) Police report stands filed. As per the prosecution story, on 25.04.2019 LHC Baldev Singh, Police Station, BSL Colony Sunder Nagar, came with the statement of the prosecutrix (name withheld), which was recorded under Section 154 Cr.P.C on 24.04.2019. As per the prosecutrix, she is student of 9th standard and on 21.04.2019, at about 09:00 a.m., she, without disclosing to her parents, went to the house of Seema (friend of the prosecutrix). Thereafter, they both went to Karsog in a Mela (fair) and after that Seema returned home and she started to the house of her mami (maternal aunt). En route a boy met him, who was riding on motorcycle, having registration No. HP-12J4275, and he asked her about the road of Narodi temple. She accompanied that boy on his motorcycle in order to guide him and he disclosed his name as Rohit (Thakru Chauhan, petitioner herein). Thereafter, they returned to Karsog, had meals in a hotel and the petitioner took her to his house and told that he intends to marry her. She stayed with him during the night and on the next day they came to Slapar, as the petitioner told her that they will marry at Slapar. At about 04:45 p.m. the petitioner had an altercation with a person, who was inebriated, and after being scared the petitioner ran in jungle leaving the prosecutrix and his motorcycle. As per the prosecutrix, the petitioner did not do any wrong act with her. Police brought her to police station, where her parents were also called. On the basis of the statement, so made by the prosecutrix, police registered a case and investigation ensued. Statement of the prosecutrix was recorded under section 164 Cr.P.C. Police prepared the spot map and also recorded the statements of the witnesses. Police effected the relevant recoveries and obtained the records qua the date of birth of the prosecutrix. Police got recovered a bed sheet from the dhara (kiosk) of the petitioner and on 21.06.2019 the petitioner was arrested and was medically examined. On 26.06.2019 the petitioner made a disclosure statement that he made the petitioner to sit on his motorcycle and he got identified the place where he stayed with the prosecutrix during the night. After completion of the investigation, challan was presented in the Court on 05.08.2019. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was involved in a heinous crime and he is very clever person. There is possibility that in case at this stage the petitioner is enlarged on bail, he may flee from justice, as he, in order to evade his arrest, absconded and arrested from Salapar. The petitioner can also tamper with the prosecution evidence, so his application be dismissed.