BEENA KUMARI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications have been moved by the petitioners under Sec. 438 of the Code of Criminal Procedure for releasing them on bail, in the event of their arrest, in case FIR No.06 of 2019, dtd. 27/2/2019, under Ss. 342, 376 and 506 IPC and Sec. 6 POCSO Act, registered in Women Police Station, Solan, District Solan, H.P. Whether reporters of Local Papers may be allowed to see the judgment Yes.

(2.) As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. They are residents of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so they may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 27/2/2019 police registered a case against the petitioners on the basis of complaint dtd. 2/2/2019 made by the prosecutrix (name withheld) to Director General of Police, Himachal Pradesh. As per the prosecutrix she was being sexually molested by Naresh Kumar (petitioner herein), who is her father. She further averred in her complaint that her mother, Beena Kumari (another petitioner herein) and Vikram, who is son of her aunt are her culprits. Petitioner Naresh Kumar sexually abused her many times and finally on 22/10/2018 she escaped from her house. Petitioner, despite knowing that petitioner Naresh Kumar used to molest her, did not do anything. As per the prosecutrix, petitioner Beena Kumari threatened her to do away with her life. Accused Bikram also sexually molested her. After registering the case, police investigation ensued. The prosecutrix was medically examined and her statement under Sec. 164 Cr.P.C. was recorded. On 16/3/2019 the petitioners joined the investigation. Petitioner, Naresh Kumar, was medically examined. Lastly, the prosecution has prayed that the petitioners committed serious offences and in case, at this stage, they are enlarged on bail, they may tamper with the evidence and may also flee from justice, so the bail applications may be dismissed.