RAVI 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. 4 of 2019, dated 21.01.2019, under Sections 354-A(1), 354-C, 376 IPC and Sections 4, 8 & 21 of POCSO Act, registered in Women Police Station, Baddi, District Solan, 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. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

(3.) Police report stands filed. As per the prosecution story, on 20.01.2019, owing to order of learned Principal Magistrate Board Solan, dated 11.01.2019, wherewith report of Children Welfare Officer, Solan, was enclosed, police registered a case. The prosecutrix (name withheld) made a complaint to Children Welfare Committee and contended that 3-4 years back her brother sexually molested her. She further stated in her complaint that Ravi (petitioner herein) indecently touched her body parts and when she narrated the incident to her mother, she did not pay any heed. As per the prosecutrix, the petitioner saw her while she was taking bath and he also placed mobile camera in the bath room. When the prosecutrix came to know about the mobile camera, she threw the mobile in the water. On the basis of the complaint, so made by the prosecutrix, and upon the order of learned Principal Magistrate Board, Solan, police after registering the case started investigation. Statements of the witnesses were recorded under Section 161 Cr.P.C. and the medical examination of the prosecutrix was got conducted. Upon the identification of the prosecutrix, police prepared spot map and clicked photographs. Statement of the prosecutrix was recorded under Section 164 Cr.P.C. On 23.01.2019 the petitioner was arrested and was medically examined. Another accused, Anu Devi, was also arrested by the police and upon her identification, a spot map was prepared and the spot identified by her was photographed. Police obtained records qua date of birth of the prosecutrix and she was found 17 years at the time of the commission of the crime. Brother of the prosecutrix, who is another accused, was found 15-16 years at the time of commission of the crime. He was medically examined and upon his identification, police prepared a spot map. Scientific samples were sent for chemical analysis and report is awaited. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner committed heinous crime and there is anger in the society against the petitioner and other accused persons. The petitioner, if released on bail, may tamper with the prosecution evidence and may also flee from justice, so his bail application be dismissed.