SUMAN KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of this petition filed under Sec. 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of bail in FIR No. 26/2022, dtd. 30/11/2022, registered under Ss. 452, 354 and 506 of the Indian Penal Code and Sec. 8 of the POCSO Act and Sec. 3(1)(w)(i)(ii) and 3(2)(va) of the SC and ST Act at Police Station Bagga, District Solan, H.P.

(2.) Status report stands filed, which is perused and taken on record.

(3.) The case of the prosecution is that in terms of the complaint which has been filed, the minor victim was terrorized by the petitioner on 28/11/2022 as also on 29/11/2022, who initially trespassed into the bed room of the minor on 28/11/2022 and thereafter threatened her on 29/11/2022 by questioning her as to why she shouted for the help of her uncle on the previous night, i.e., 28/11/2022 and that the petitioner would do away with the life of the minor victim. The petitioner is stated to be in custody since 1/12/2022. The age of the minor is stated to be 16 years whereas the age of the petitioner is 20 years. Learned counsel for the petitioner has submitted that the petitioner is innocent and he is not guilty of the offences alleged against him and that he has been falsely implicated in the case on account of animosity between the family of the petitioner and the family of the victim. He further submitted that taking into consideration the allegations which have been levelled against the petitioner as also the tender age of the petitioner, no purpose will be served by detaining him in custody and if released on bail, he will abide by all the conditions that may be imposed upon him by the Court.