BALWINDER SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner is an accused in case FIR No. 11 of 2021 dtd. 18/1/2021, under Ss. 363, 366A and 376 IPC read with Sec. 4 of the POCSO Act and under Sec. 3 (II) (v) of SC and ST Act (Prevention of Atrocities) Act, 1989, registered at Police Station, Dharmshala District Kangra, H.P. The petitioner is in custody since 3/2/2021.

(2.) Petitioner has approached this Court for grant of bail under Sec. 439 of Cr.P.C., on the grounds that the petitioner is innocent and is not involved in any alleged offences. The investigation of the case is complete and the trial has also commenced. The victim has already been examined as prosecution witness. Truthfulness of the allegations against the petitioner is yet to be decided during trial. No criminal antecedents are attributable to petitioner. Petitioner is 21 years old and is a labourer by profession. Petitioner has undertaken not to tamper with the prosecution evidence. Petitioner has further undertaken to ensure his presence during the entire trial and has also to abide by the conditions, as may be imposed against him.

(3.) In response, it has been alleged against the petitioner that he kidnapped the victim, who was a minor. The date of birth of victim is 7/1/2004. The victim was about 17 years of age on the date of commission of alleged offence. It is further alleged that the petitioner has committed rape on the victim and the trial of the case is underway.