O R D E R

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.19/2022 dated 19.3.2022, under Sections 376 of the Indian Penal Code and Section 6 of the Protection from Children from Sexual Offence Act, 2012, registered at Police Station Bhavanagar, District Kinnaur, 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

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

resident of the place and 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 sending 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 17.3.2022, complainant alongwith the victim and her son went to Sungra to the house of her sister-in-law. Around 3:00 p.m, victim disclosed to the complainant that she is suffering from fever and slight body ache. On this, complainant gave a paracetamol tablet to the victim, despite that, victim did not feel better. Thereafter, the victim disclosed to the complainant that she is not feeling good and her health is deteriorating. The complainant and her sister-in-law took the victim to Bhavanagar hospital, where the Doctor treated her. On 18.3.2022, police called the victim to Bhavanagar hospital, for ultrasound alongwith her mother, where Doctor disclosed that victim is pregnant. When the complainant inquired from the victim, she disclosed that one year ago, when she came to Sungra, she came in contact with the accused. Thereafter, when she used to come to Sungra, accused and she started meeting at Bhavanagar and during that period, in September, 2021, petitioner committed wrong act with her and she got pregnant. Lastly, it is prayed that the instant bail application may be dismissed, as the petitioner has committed a heinous offence and in case, at this stage, he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, so it is prayed that the instant bail petition may be dismissed.

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. Learned counsel for the petitioner has argued that the petitioner is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. He has argued that no fruitful purpose will be served by keeping him behind the bars for an unlimited period, as investigation is complete and even challan stands presented before the learned trial Court, so the custody of the petitioner is not at all required by the police for any purpose. It has been argued that the petitioner cannot be kept behind the bars for an unlimited period, so the petitioner may be enlarged on bail by allowing the instant bail petition.

6. On the other hand, learned Additional Advocate General has argued that the petitioner has committed a serious crime and in case, at this stage, he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, so it is prayed that the bail application of the petitioner may be dismissed.

7. In rebuttal, the learned counsel for the petitioner has argued that the petitioner is resident of the place, neither in a position to flee from justice nor in a position to tamper with the prosecution evidence. It has been argued that the petitioner cannot be kept behind the bars for an unlimited period, so the petitioner may be enlarged on bail by allowing the instant petition.

8. At this stage, taking into consideration the age of the petitioner, who is only 19 years old, facts that the petitioner is resident of the place, neither in a position to tamper with the prosecution evidence nor i