IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 2ndDAY OF SEPTEMBER, 2022 BEFORE HON’BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA CRIMINAL MISC. PETITION (MAIN) No. 1852 OF 2022 Between:-

SANJAY THAKUR @ SANJU @ SHIVA S/O RAM KRISHAN THAKUR, R/O VILLAGE KH OPSI, DHULLI KHEL, PO KHOPSI, DISTRICT KAPASTOLAN, KATHMANDU, NEPAL AT PRESENT RESIDING AT FOREST NURSERY PAPALOTA, PO DOMEHAR, TEHSIL ARKI, DISTRICT SOLAN, H.P. THROUGH HIS FATHER SH. RAM KRISHAN THAKUR ……PETITIONER (BY MR. RAVI TEGTA AND MR. SIDHARTH SHARMA, ADVOCATES)

AND STATE OF HIMACHAL PRADESH.

……RESPONDENT (BY MR ARVIND SHARMA, ADDITIONAL ADVOCATE GENERAL)

1 WHETHER APPROVED FOR REPORTING? Yes This petition coming on for orders this day, the Court passed the following: yes

O R D E R

1 Whether reporters of Local Papers may be allowed to see the judgment?

The present bail application has been mainta.ined by the petitioner under Section 439 of the Code of Criminal Procedure, seeking his release in case FIR No. 25 of 2022, dated 25.03.2022, under Sections 376 (2) (i) and 328 of the Indian Penal Code and Section 4 of POCSO ACT, registered at Police Station Arki, District Solan, H.P. o

2. As per the aver ments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. Furuther, he is neither in a position to tamper with the prosecutioon evidence nor in a position to flee from justice and no fruitful purpose would 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 25.03.2022, the mother of the prosecutrix has moved a written complaint at Police Station, Arki, alleging therein that on H 24.03.3022, she alongwith her husband, elder daughter and the prosecutrix had gone for their work and around 1:00 pm, they came to their house for lunch. The mother of the prosecutrix did not take the prosecutrix back for work, as she had exam on next day. However, around 7:00 p.m. when they returned to their house they found that the victim is missing. Accordingly, the father and Uncle of the prosecutrix went in her search. The uncle of the prosecutrix managed to trace the prosecutrix on the Dolang-Ladhi road and he took the prosecutrix to his house, where around 4:30/5:00 p.m she disclosed to her Aunt that the petitioner took her from her home for partying and then he mixed intoxicating substance in soft drink, thereafter he committed wrong act with her in the forest. On the complaint of the complainant, FIR No. 25 of 2022, dated 25.03.2022, under Sections 376 (2) (i), 328 of IPC and Section 4 of POCSO Act, came to be registered against the petitioner and the investigtation ensued. The petitioner Sanjay Thakur was arrested on 25.03.2022, the medical examination of the victim and that of the petitioner was conducted and statement of the victim under Section 164 Cr.P.C was recorded. After completion of the investigation, police presented the challan in the learn ed Trial Court on 12.05.2022. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner has committed a serious crime and in case he is enlarged on bail, he imay 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(s), carefully.

5. The learned Counsel for the petitioner has argued that the petitioner is innocent and has been falsely implicated in the present case and taking into consideration the age of the petitioner, i.e. 19 years, in case bail is not granted to him, his future will be spoiled. He has further argued that the petitioner is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice and no fruitful purpose will be served by keeping him behind the bars for an unlimited period, as investigation is complete, even challan st