SONU LAL @ RINKU 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. 186 of 2016, dated 06.07.2016, under Sections 363, 366, 376 IPC, Sections 6 and 17 of POCSO Act and Sections 9 and 11 of Child Marriage Prohibition Act, registered in Police Station Balh, 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 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 06.07.2019, the father of the prosecutrix (name withheld) made a complaint to the police stating that on 03.07.2016 the petitioner took the prosecutrix. Upon the complaint, so moved by the complainant, police registered a case and investigation ensued. Record qua date of birth of the prosecutrix was obtained and she was found to be born on 25.11.2001. Despite best efforts, the petitioner could not be traced and it was unearthed during the course of investigation that with the help of his mother and brother, the petitioner managed to flee from his house at Kurali. Police recorded the statements of the witnesses. It was unearthed that the prosecutrix gave birth to a male child in ZH, Solan, and during the birth of child mother and brother of the petitioner were present. As the mother and brother of the petitioner were also found involved in the offence, FIR against them was also registered. Police recorded the statement of the prosecutrix and later on her statement under Section 164 Cr.P.C. was also got recorded. The petitioner, who was evading his arrest, joined the investigation on 27.01.2019 and he was accordingly arrested. Police completed the investigation and after completion thereof presented the challan in the learned Trial Court on 28.01.2019. Police got conducted the DNA test and it was found that the petitioner is biological father and prosecutrix is biological mother of the infant. As per the police, the petitioner is very clever person and in case he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice. Lastly, it is prayed that the bail application of the petitioner be dismissed as the petitioner was involved in a serious offence and in case he is released on bail, he may tamper with the prosecution evidence and may also flee from justice.