ASIF SAIFI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail. It has been asserted that the police of Women Police Station, Solan falsely implicated the petitioner in FIR No. 27 of 2023, dtd. 24/7/2023, registered for the commission of offences punishable under Ss. 452, 354-A and 509 of IPC and Ss. 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act. The petitioner was arrested on 27/4/2023. The petitioner is innocent and he has nothing to do with the commission of the offences. There is no evidence against the petitioner to connect him with the commission of crime. The police have completed the investigation and no recovery is to be effected from the petitioner. The petitioner shall not tamper with the prosecution evidence and will abide by the terms and conditions, which may be imposed by the Court. No useful purpose would be served by detaining the petitioner in custody; hence, the petition.

(2.) Petition was opposed by filing a status report asserting that the mother of the victim made a complaint to the police that she was informed by Gopal Dass on 24/7/2023 that the petitioner had entered the room of the victim and sexually assaulted her. The victim's mother reached the house and the victim told her that one boy came to the house by pretending to be an electrician. He sexually assaulted the victim and touched her inappropriately. Gopal Dass apprehended that person. The petitioner was present on the spot. The police recorded the FIR and arrested the petitioner. The statement of the victim was recorded under Sec. 164 of Cr.P.C. The police also seized the motorcycle and mobile phone of the petitioner. The petitioner had also taken the photographs during the incident and the mobile phone was sent to SFSL for analysis. As per the analysis, the images captured on 24/7/2023 between 2.00 PM to 4.00 PM were found in the mobile phone and no data was found in the SIM. The police prepared the challan and presented it before the Court.

(3.) I have heard Mr. Akshay Katoch, learned Counsel for the petitioner and Mr. Avni Kochhar, learned Deputy Advocate General for the respondent-State.