AMIT Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has prayed for grant of bail under Sec. 439 of Cr.P.C. in case FIR No. 60/2020, dtd. 29/7/2020, registered under Ss. 363, 366-A and 376 of the Indian Penal Code and Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO' Act), at Police Station Pachhad, District Sirmour, H.P.

(2.) It is contended on behalf of the petitioner that petitioner has already suffered incarceration since 20. 08.2020. All the material witnesses have been examined. It is further contended that petitioner has a permanent residence and there is no likelihood of his absconding from the course of justice. As per petitioner, eight prosecution witnesses are still required to be examined and in such view of the matter the trial is not likely to be concluded in near future. Petitioner has undertaken to abide by all the terms and conditions as may be imposed against him.

(3.) Per-contra, learned Additional Advocate General has opposed the prayer. It was submitted that petitioner is an accused of a very heinous crime. The victim of the offence was only about sixteen years of age, whereas petitioner himself was about twenty-eight years old at the time of commission of offence. It was further submitted that the bail petition filed by the petitioner on earlier occasion was rejected by this Court on 30/12/2022 and petitioner has not been able to show the changed circumstance.