Point of Law: Criminal Law - Bail application - Petitioner is behind bars from approximately two months, fact that petitioner is permanent resident of District and neither in a position to tamper with prosecution evidence nor in a position to flee from justice, petitioner is ready and willing to abide by conditions of bail.

JUDGMENT :

Chander Bhusan Barowalia, J.

The present bail application has been maintained by the petitioner, under Section 439 of the Code of Criminal Procedure, for grant of bail in case FIR No. 38/2021, dated 16.02.2021, under Section 6 of POCSO Act and Section 376 A, B of IPC, registered at 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. Further, he is permanent resident of Himachal Pradesh 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 16.02.2021, mother of the prosecutrix, made a complaint against the accused, alleging therein that on 15.02.2021, at about 12 noon, she was standing outside her Karyana shop at Nerchowk Dhangu road, in the meantime, accused, who was going on a scooty towards Nerchowk bazar, on seeing her, stopped his scooty and started talking to her. When the accused was talking to the complainant, her younger daughter, aged 9 years also came there and when accused left the spot, told her mother that whenever she goes to the shop of the accused for buying candies etc., he used to touch her private parts inappropriately. On hearing this, the complainant made a call to her sisterinlaw (devrani), whose 7 years daughter also used to accompany her younger daughter to the shop of accused and when her sister-in-law (devrani) asked her 7 years daughter she also narrated the same version. On the basis of aforesaid allegations, FIR No. 38/2021, dated 16.02.2021, under Section 6 of POCSO Act and Section 376 A, B of IPC, came to be registered against the petitioner. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a heinous crime and there is possibility that in case, at this stage, he is enlarged on bail, he may tamper with the prosecution evidence and also flee from justice.

4. I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the record, including the police report(s), carefully.

5. The learned Counsel for the petitioner has argued that the petitioner is innocent and has been implicated in this case only because of land dispute between the parties. He has further argued that the petitioner is permanent resident of District Mandi and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice and no fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period. He has argued that keeping in view the material, which has come on record, and also the age of the petitioner, as well as of the prosecutrix, the bail application be allowed. Conversely, the learned Additional Advocate General has argued that the petitioner was found involved in a heinous offence, so at this stage, in case he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice. He has prayed that the bail application of the petitioner be dismissed.

6. At this stage, considering the age of the petitioner and that of the prosecutrix, the manner in which the offence is alleged to have occurred, the fact that the petitioner himself has a daughter, the fact that the petitioner is behind the bars from approximately two months, the fact that the petitioner is permanent resident of District Mandi and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, the petitioner is ready and willing to abide by the conditions of bail, if so granted. So considering the overall facts, which have come on record, and without discussing them at this stage and also the fact that the petitioner cannot be kept behind the bars for an unli