MOSIM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner seeks grant of regular bail in case FIR No. 860 dated 11.11.2019 registered under Sections 302, 201, 34 IPC and Section 6 of POCSO Act, 2012 (Section 506 IPC added later on) at Police Station Nuh, District Nuh.

(2.) According to the complainant (father of the deceased), he last saw his son Shoban at around 10.30 p.m. on 31.10.2019. At that time he was sleeping in the house. He again woke up at around 1.00 a.m. and noticed that Shoban was missing. There was no response to a phone call made to him and on making a second call the phone was found switched off. At about 9.00 a.m. on 01.11.2019 some villagers informed him that Shoban has been killed and is hanging in the fodder house of Jameel son of Jumme Khan. The villagers had already called police and in its presence the body was brought down. An unnatural act appeared to have been committed and blood was found on his clothes. He had suspicion against nine persons including the petitioner.

(3.) Status report dated 13.10.2020 by way of affidavit of Sudhir Taneja, HPS, Deputy Superintendent of Police, HQ, Nuh has been placed on record. According to this reply, autopsy was conducted on 02.11.2019. The report was sent to a Board of Doctors for opinion and the same was obtained vide report dated 08.11.2019 (Annexure R-1). According to this report, injury Nos. 3 and 4 were found to be recent in nature and the blood found at anal region could be due to sexual assault or penetration of any foreign object. Call detail records of the petitioner and the deceased have been obtained and a copy thereof is annexed as Annexure R-2. This shows that two calls were made by the petitioner to the deceased on 31.10.2019 at 10.43 p.m. and 10.49 p.m. and the duration of the calls was 153 and 59 seconds respectively. Investigation conducted till date does not show that the petitioner committed a murder. The other eight accused mentioned in the complaint have been found innocent. The investigation is still ongoing and a polygraphic test may be conducted in future.