AKASH CHAUDHARY Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested for the commission of offences punishable under Sec. 376(2) of IPC and Sec. 6 of the Prevention of Children from Sexual Offences Act (POCSO), registered vide case FIR No. 31/2023, dtd. 8/8/2023 at Women Police Station, Solan, H.P. The petitioner is in judicial custody at District Jail, Solan. Police got recorded the statement of the victim under Sec. 164 of Cr.P.C., in which she had stated that the petitioner should be released on bail as the mistake was committed by both parties. The police have presented the challan and the matter is listed for framing of charges. The petitioner is aged 20 years and the victim is aged more than 15 years. The parties were in love with each other and both the parties are at fault. No useful purpose would be served by detaining the petitioner in judicial custody. He would abide by all the terms and conditions, which may be imposed by the Court. Hence, the petition.

(2.) The petition is opposed by filing a status report asserting that the victim made a complaint to the police stating that she and her sister had gone to their mother's house on 22/6/2023 during the school vacation. She met the accused who was her neighbour. The accused called her to his room and raped her eight times. She returned to her maternal grandmother. She was taken to a doctor because she was suffering from a cold. The doctor found that the victim was pregnant. The police registered the FIR and conducted the investigation. The date of birth of the victim was found to be 27/2/2008. The challan has been prepared and presented before the Court and is listed on 28/6/2024 for evidence.

(3.) Notice of the petition was issued to the victim's mother, who stated that she would adopted the stand of the State.