BHAJAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in case FIR No. 5/2022, dtd. 16/1/2022, under Sec. 376 of the Indian Penal Code ( for short 'IPC') and Sec. 4 & 6 of Prevention of Children from Sexual Offences Act (for short 'POCSO Act'),registered at Police Station Nankhari, Tehsil Nankhari, Distt. Shimla, H.P.

(2.) The victim was on visit to Shimla since 7/1/2022 and was staying with her Aunt (Massi). Since 11/1/2022, the victim was not feeling well. On 15/1/2022, the victim was advised certain tests by the Medical Officer in Deen Dayal Upadhay (D.D.U.) Hospital, Shimla and from such tests it was discovered that victim was carrying pregnancy. Thereafter victim disclosed to her mother that she was subjected to forcible sexual assault by the bail petitioner firstly on 4/11/2021 and thereafter on 10/12/2021. She disclosed that on 4/11/2021, she was assaulted at village Sholi (Karalta) when she had gone to participate in a fair and on 10. 12.2021, the bail petitioner visited her house at 1:30 in the night and had committed offence. The father of the victim, with aforesaid allegations, approached police on 16/1/2022, on the basis of which, the above noted case came to be registered.

(3.) Petitioner has approached this Court for grant of bail under Sec. 439 of the Code of Criminal Procedure in the above noted case, on the ground that he is innocent and has been falsely implicated in the case. The investigation is complete and challan has been filed in the Court. It is contended on behalf of the petitioner that he is young person of 21 years of age and belongs to a respectable family. There is no likelihood of his absconding from the course of justice. He has no criminal background. He has undertaken to abide by all the conditions, as may be imposed against him. He has further undertaken not to tamper with the prosecution evidence.