LAWS(P&H)-2020-3-179

PARDEEP KUMAR Vs. STATE OF HARYANA

Decided On March 05, 2020
PARDEEP KUMAR Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.297 dated 16.12.2019, under Sections 10 and 12 of POCSO Act, Sections 75 and 82 of Juvenile Justice Act and Section 3 of SC & ST (Prevention of Atrocities) Act, registered at Police Station Adampur, Hisar.

(2.) Learned counsel for the petitioner contends that the petitioner herein was taken into custody in the aforesaid FIR on 07.01.2020. It is submitted that the petitioner has been falsely implicated in the present case along with two other teachers only on account of rivalry between the teachers themselves. It is argued that 24 girls had been cited as victims of inappropriate behaviour by the teachers, however, only one girl has come forward to have her statement recorded under Section 164 Cr.P.C. before the JMIC, Hisar. A reading of the statement of the girl recorded under Section 164 Cr.P.C. would reflect inappropriate behaviour against Vishnu and Dharampal and the petitioner herein has not been cited in the said statement. It is also argued that there are several affidavits available on the record of the students as cited by the Child Protection Officer, along with their parents, in which they willingly submit that no such incident had happened and that they were pressurized by one of the teacher to give the complaints. It is further argued that out of 24 students, who have been cited as persons molested by the teachers, three of them have already left the school, which itself would show his false implication.

(3.) Per contra, learned State counsel, on instructions from the Investigating Officer opposes the grant of regular bail to the petitioner, while submitting that the allegations levelled against the petitioner are serious in nature.