ABHILASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this petition, filed under Sec. 439 of the Criminal Procedure Code, the petitioner has prayed for grant of regular bail, in FIR No. 18 of 2022, dtd. 8/9/2022, registered under Ss. 376, 506 of the Indian Penal Code (hereinafter referred to as 'the IPC') and Sec. 8 of the Protection of Children from Sexual Offences (hereinafter to be referred as 'POCSO') Act, at Women Police Station Dharamshala, District Kangra, H.P.

(2.) Learned Senior Counsel for the petitioner has argued that the petitioner is innocent and has been falsely implicated in the case. He has further submitted that the investigation is now complete and the case is at the stage of recording the statements of prosecution witnesses and therefore, in these circumstances as no recovery etc. is to be made from the petitioner, it would be in the interest of justice if he is ordered to be released on bail. Learned Senior Counsel further apprised the Court that the prosecution has cited 31 witnesses in the main challan whereas the supplementary challan is being contemplated to be filed by the prosecution and as there is no possibility of the trial being completed in near future, therefore also, the petitioner deserves to be released on bail, as right to speedy trial is the fundamental right of the petitioner. Learned Senior Counsel also submitted that as the next date for recording the statements of the prosecution witnesses is 20/11/2023, the interest of justice demands that the petitioner is ordered to be released on bail, because whether or not the petitioner is guilty, is a matter of trial and ultimately if he is found guilty, the law will take its own course.

(3.) The petition is opposed by the State, inter alia, on the ground that the offences alleged to have been committed by the petitioner are both grave and heinous and further as the stage of the case is that statements of the prosecution witnesses are yet to be recorded, therefore, in such like circumstances there is each and every possibility that if released on bail the petitioner may try to win over or influence the witnesses which may hamper a fair trial. Learned Additional Advocate General also submitted that the petitioner being a local person, may otherwise also try to influence the outcome of the trial and therefore also the present petition be dismissed.