PRINCE NAGAR Vs. STATE

JUDGEMENT

(1.) The present application has been moved seeking grant of bail in case FIR No. 129/2023 under Sec. 323/341/354(D)/506/509 IPC read with Sec. 12 of POCSO Act and Ss. 3(1)(r)/3(1)(s) SC and ST Act registered at PS Jait Pur.

(2.) The case FIR was lodged by Ms. XXX alleging therein that few days before the registration of the case the petitioner had offered to befriend her which was declined by the complainant. The complainant also blocked the petitioner on Instagram. It was further stated that before the registration of the present FIR, while the complainant was going to the school, petitioner was sitting in the gali and abused her in a filthy manner. Two days later, when the complainant was going to her friend's house, the petitioner intercepted the complainant and slapped and abused her. When the complainant asked the reason for slapping, the petitioner made the casteist remark and threatened her to leave or else he will give her more beating. After this incident, the FIR No.129/2023 was lodged at PS Jait Pur.

(3.) Learned counsel for the petitioner submits that the petitioner is only 19 years old and is in custody since April 2023. It has also been submitted that there is a previous enmity between the families of the complainant and the petitioner and certain FIR was lodged against each other. Learned counsel submits that earlier the family of the prosecutrix implicated the father and uncle of the applicant in a similar false case in FIR No. 106/2021 under Sec. 3 of SC/ST Act registered at PS Jait Pur. There is another FIR lodged by the sister of the applicant against cousins of the prosecutrix bearing FIR No. 134/2021 for the offence punishable under Ss. 8 and 12 of the POCSO Act and Sec. 354/354A/34 IPC registered at PS Jait Pur.