ORDER :

1. The present bail application under Section 439 of the Code of Criminal Procedure has been maintained by the petitioner for grant of bail in case FIR No. 95/2021, dated 22.10.2021, under Sections 363, 366 and 376 of IPC and Section 6 of POCSO Act, registered in Police Station Lambagaon, District Kangra, 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 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 22.10.2021, the prosecutrix (name withheld) alongwith her mother came to the police station and made a complaint against the petitioner, wherein it has been alleged that on 16.10.2021 around 8:00 a.m. when she was going to school and reached near Sandhole Bridge, the petitioner, who was standing inside the rain shelter, stopped her and took her to Sujanpur in a bus. Thereafter, the petitioner took her to Uttam Vyas New Restaurant and kept her there uptil