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 da