SURJAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner seeks regular bail in FIR No.351/2021, dtd. 2/11/2021, registered under Ss. 354A, 354D and 506 of the Indian Penal Code (IPC), Sec. 12 of the Prevention of Children from Sexual Offences (POCSO) Act and Ss. 66 and 67 of the Information Technology (IT) Act at Police Station Balh, District Mandi.

(2.) Briefly put the prosecution case is that:-

(3.) Learned counsel for the petitioner submitted that the bail petitioner and compainant's family are not on good terms. They have inimical relations ever since the year 2016. That petitioner's wife had also addressed a complaint to the Pradhan of the concerned gram panchayat on 24. 08.2016, regarding the threatenings advanced to her family by the complainant's family. Learned counsel for the petitioner also invited attention to Annexure P-2, stated to be a compromise between the bail petitioner and the family members of the complainant. The said compromise was statedly executed in August/September, 2021, whereunder both sides resolved to live peacefully, in lieu of which the bail petitioner also assured for not taking any action on the complaint filed by him. Learned counsel further submitted that investigation in the matter is now over. No fruitful purpose will be served by keeping the petitioner behind the bars any further. He also submitted that the petitioner will not contact the complainant or her family members including the prosecutrix in any manner, whatsoever. That the petitioner will not threaten, induce or influence the prosecution witnesses in any manner, whatsoever. He further submitted that the petitioner will abide by all the terms and conditions, which may be imposed upon him by this Court in case he is enlarged on bail.