JUDGMENT :

Chander Bhusan Barowalia, J.

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. 222 of 2017, dated 11.12.2017, under Sections 363, 376 IPC and Section 4 of POCSO Act, registered in Police Station Theog, District Shimla, 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 permanent resident of District Kullu 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 11.12.2017 the mother of the prosecutrix (name withheld) made a written complaint to the police and alleged that she has two daughters and two sons. On 01/02.12.2017 her elder daughter (prosecutrix) went missing and despite search she could not be traced. As per the complainant, the prosecutrix is aged about 17 years. Police registered a case and investigation ensued. Police extensively searched the pros