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 prosecutri