ORDER :

Petitioner is an accused in case registered vide FIR No. 68 of 2021, dated 12.09.2021 at Police Station Chopal, District Shimla, H.P. under Sections 376, 342, 34 of Indian Penal Code (for short “IPC”) and Section 4 of the Prevention of Children from Sexual Offences (for short “POCSO”) Act, 2012. Petitioner is in custody since 14.09.2021.

2. Petitioner has approached this Court for grant of bail, in above noted case, under Section 439 Cr. P.C., on the grounds that he has been falsely implicated in the case with a view to harass him unnecessarily. The allegation of petitioner is that his false implication is at the instance of persons having inimical relations towards him. He has nothing to do with the alleged offence. Even there is no allegation against him of sexual assault on the victim. Dinesh Kumar, the other co-accused in the case is employed by the petitioner as co-driver-cum-helper. As per petitioner, on 12.9.2021 he alongwith his co-driver-cum-helper Dinesh Kumar stopped the vehicle near place known as “Lani” for checking the condition of vehicle and for having some refreshments. Dinesh Kumar decided to sit in the vehicle. The petitioner visited nearby market to collec