Point of Law: The petitioner will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Investigating Officer or Court.

ORDER :

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. 176 of 2021, dated 8.12.2021, under Sections 452, 354 of the Indian Penal Code and Section 8 of the Protection from Children from Sexual Offence Act, 2012, registered at Police Station Sarkaghat, 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. He is permanent 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 sending him behind the bars for an unlimited period, so he be released on bail.

3. Police report stands filed. As per the prosecution story, a complaint was lodged by the complainant before the police alleging therein that on 7.12.2021, child victim was alone in her house. She was on the upper floor of the house and brooming the floor. Around 12:00 noon, bail petitioner, who is uncle (Tayaji) of child victim came to her house. On hearing the sound of opening of gate, child victim came down stairs and found bail petitioner there. The petitioner asked her to give him pillow covers, on which, she showed unavailability of the pillow covers. Thereafter, the bail petitioner pushed her towards the room and caught hold of her from her breasts and started pressing her breasts, on which, she screamed and pushed him and ran away from the spot. On this complaint, FIR No. 176 of 2021, dated 8.12.2021, under Sections 452, 354 of the Indian Penal Code and Section 8 of the Protection from Children from Sexual Offence Act, 2012, registered at Police Station Sarkaghat, District Mandi, was registered against the bail petitioner. Lastly, it is prayed that the instant bail application may be dismissed, as the petitioner has committed a serious offence and in case, at this stage, he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, so it is prayed that the instant bail petition may be dismissed.

4. I have heard the learned Senior counsel for the petitioner, learned Additional Advocate General for the State and gone through the records, including the police report, carefully.

5. Learned Senior counsel for the petitioner has argued that the petitioner is permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. He has argued that no fruitful purpose will be served by sending him behind the bars for an unlimited period even challan stands presented before the learned trial Court, so the custody of the petitioner is not at all required by the police for any purpose. It has been argued that the petitioner cannot be kept behind the bars for an unlimited period, so the petitioner may be enlarged on bail by allowing the instant bail petition.

6. On the other hand, learned Additional Advocate General has argued that the petitioner has committed a serious crime and in case, at this stage, he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, so it is prayed that the bail application of the petitioner may be dismissed.

7. In rebuttal, the learned counsel for the petitioner has argued that the petitioner is permanent resident of the place, neither in a position to flee from justice nor in a position to tamper with the prosecution evidence. Investigation is complete and even challan stands presented in the learned trial Court, so the custody of the petitioner is not at all required by the police for any purpose. It has been argued that the petitioner cannot be kept behind the bars for an unlimited period, so the petitioner may be enlarged on bail by allowing the instant petition.

8. At this stage, considering the facts that the petitioner is permanent resident of the place, neither in a position to tamper with the prosec