MONISH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Applicant Monish @ Mota, who is in judicial custody in connection with Case Crime/FIR No. 648 of 2024, under Ss. 137(2), 65(1), 351(3) of B.N.S. and Ss. 3(A)/4(ii), 5(1)/6 of POCSO Act, registered at P.S. Bhagwanpur, District Haridwar, has sought his release on bail.

(2.) Heard learned counsel for the parties and perused the record.

(3.) As per the prosecution story, an FIR was lodged on 16/8/2024 by the father of the victim alleging that on 14/8/2024, at around 8:00 a.m., he had taken his wife to the doctor, leaving his daughter, aged about 13 years, alone at home. Taking advantage of the situation, the applicant allegedly entered the house and lured the victim. When the complainant returned home, he could not find his daughter. His son-in-law also joined in searching for her. After some time, the son-in-law allegedly saw the applicant along with some other boys leaving the victim. On being questioned, the victim disclosed that the applicant had raped her and had threatened her.