Point of Law : Court finds that the present is a fit case where the judicial discretion to admit the petitioner on bail, is required to be exercised in his favour.

ORDER :

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. 242 of 2021, dated 31.10.2021, under Sections 363, 376 of IPC & Section 4 of POCSO Act, registered at Police Station Sadar, District Shimla, 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 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 31.10.2021, mother of the prosecutrix made a complaint to police, wherein it has been alleged that her daughter is missing and she has apprehension that one Lalu (petitioner herein) has forcibly took her with him. During the investigation, information has been received from Police Station, City Moga, Punjab, that mother of the petitioner and one Charanjit Singh has handed over the custody of the prosecutrix to her Mami, Paramjit Kaur. Thereafter, statement of the prosecutrix was recorded, wherein she has alleged that on 30.10.2021, around 2:00 p.m., the petitioner asked her to meet him and took her to a hotel near St. Thomas School, where he has committed sexual intercourse with her and took her to Moga. Consequently, FIR No. 242 dated 31.10.2021, under Sections 363, 376 of IPC and Section 4 of POCSO Act came to be registered against the petitioner. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner has committed a serious crime. In case the petitioner is enlarged on bail, at this stage, he may tamper with the prosecution evidence and may 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 records, including the police report, carefully.

5. The learned Counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. She has further argued that the petitioner is the only male member of the family and his entire family is dependent upon him. She has argued that taking into consideration the age of the petitioner, i.e. 19 years and the fact that he is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, the present bail application may be allowed. She has further argued that no fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period, as investigation is complete, even challan stands presented in the learned Trial Court and the custody of the petitioner is not at all required by the police for any purpose. Conversely, the learned Additional Advocate General has argued that 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 flee from justice. It is prayed that the bail application of the petitioner be dismissed.

6. At this stage, taking into consideration the age of the petitioner and that of the prosecutrix, the manner in which the offence is alleged to have been committed, the fact that the petitioner cannot be kept behind the bars for an unlimited period, moreover, the petitioner is neither in a position to tamper with the prosecution evidence, nor in a position to flee from justice, the investigation is complete, even challan stands presented in the learned Trial Court, the petitioner is ready and willing to abide by the terms and conditions of bail, in case he is enlarged on bail and also considering the overall facts, which have come on record, and without elaborately discussing the same at this stage, this Court finds that the present is a fit case where the judicial discretion to admit the petitioner on bail, is required to be exercised in his favo