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