BALWINDER SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is accused in a case registered vide FIR No. 11 of 2021, dtd. 18/1/2021, registered at Police Station Dharamshala, District Kangra, H.P., under Ss. 363, 366A, 376 of IPC, Sec. 4 of the POCSO Act and Sec. 3(II) (v) of the SC and ST ( Prevention of Atrocities ) Act, 1989.

(2.) Petitioner has sought bail under Sec. 439 of Cr. P.C., on the ground that he has committed no offence. According to the petitioner, he and the victim had prior and prolonged intimacy. They have been indulging in long duration calls on their mobile phones during late night hours. The victim had accompanied petitioner of her own violation.

(3.) Petitioner has further contended that he is innocent. The investigation in this case is complete and challan has already been filed. The allegations against the petitioner are yet to be tested during trial. He is young person of 21 years of age and is a labourer by profession. He has no criminal history and in case released on bail he shall not tamper with the prosecution evidence. He has further undertaken to abide by terms and conditions as may be imposed upon him, while releasing on bail.