ARUN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 452 dated 26.07.2018, registered under Sections 452, 506 of the IPC and Sections 6, 17 of the POCSO Act, 2012 at Police Station Shivaji Colony, Rohtak.

(2.) Learned counsel for the petitioner submits that as per the allegations in the FIR, registered at the instance of complainant/victim (name withheld), it is stated that her date of birth is 01.04.2000 and she had left her studies after completing 10+2. It is further stated that a girl, living in her neighborhood, introduced her with Arun (petitioner herein) about three years ago and on 15.04.2015, the petitioner made illicit physical relationship with her on the pretext of marriage. At that time, co-accused Sumit and Nidhi were guarding the gate of cattle shed, where petitioner made physical relationship with her for the first time. Thereafter, in a period of about three years, petitioner made physical relationship with victim and when she informed the petitioner that she is having seven months' pregnancy, on his mobile No. 8168359466, the petitioner advised her to abort the child, otherwise, he and Sumit would kill her. With these allegations, the present FIR was registered.

(3.) Learned counsel for the petitioner further submits that the petitioner was arrested on 31.07.2018 and his medical examination was conducted. It is further submitted that challan stands presented and as per investigation report, co-accused Nidhi was granted concession of bail on 01.09.2018 and co-accused Sumit was arrested on 06.08.2018. In the meantime, the child was born and blood samples were sent to FSL for examination.