VIKRANT THAKUR Vs. STATE OF HIMACHAL PRADESH

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. 182 of 2022, dtd. 5/9/2022, registered under Ss. 376, 354(A) and 506 read with Sec. 34 of the Indian Penal Code and Ss. 4 and 12 of the POCSO Act at Police Station Sundernagar, District Mandi, H.P.

(2.) Learned Senior Counsel appearing for the petitioner has argued that the petitioner is 18 years old, who has been falsely implicated in the present case. He further informs the Court that the petitioner is undergoing education in an ITI at Sundernagar and the other accused has already been released on bail by the learned Sessions Court. He further submitted that as the investigation is complete and the challan already stands filed, therefore, in these circumstances, no purpose is going to be served by further detaining the petitioner in custody and in the event of the petitioner being released on bail, he will abide by all the conditions that may be imposed upon him by the Court. Learned Senior Counsel has also submitted that falsity of the allegations is evident from the fact that the victim has refused her medical examination.

(3.) The petition is opposed by learned Additional Advocate, who has submitted that the victim is a minor and the offences alleged to have been committed by the petitioner are grave. He further submitted that as the petitioner happens to be local resident of the area, there is every possibility that if released on bail, he will try to influence the witnesses etc. and this may create hindrances in the course of fair trial. Accordingly, he prayed that the present petition be dismissed.