MONU Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in FIR No. 15 of 2024, dtd. 17/6/2024, registered for the commission of offences punishable under Ss. 363, 376(3) and 506 of Indian Penal Code (in short "IPC") and Sec. 4 of Protection of Children from Sexual Offences Act, 2012 (in short "POCSO Act"), at Women Police Station Baddi, District Solan, H.P.

(2.) It has been asserted that the petitioner was arrested on 18/6/2024. He is innocent and was falsely implicated. He filed a petition for pre-arrest bail before the learned Additional Sessions Judge (Fast Track Court), Solan, HP, which was dismissed on 13/3/2025. The petitioner is a permanent resident of village Sayondra, Tehsil Bilari, District Moradabad, U.P. He would abide by the terms and conditions which the Court may impose. Hence, the petition.

(3.) The petition is opposed by filing a status report asserting that the informant made a complaint to the police on 17/6/2024 that the victim, aged 14 years, had been missing since 16-17/06.2024. The petitioner used to talk to the victim on the telephone, and the informant suspected that the petitioner had kidnapped her. The police registered the FIR and searched for the victim. The victim was found in the petitioner's room. She revealed her age as 13 years. She disclosed that she was raped in the room. The police seized the cover of the mattress. The police arrested the petitioner. She also named the informant as her rapist. The police also arrested the informant. The victim was produced before the learned Judicial Magistrate First Class, Nalagarh, and she stated on oath before the learned Magistrate that the petitioner had threatened her to name the informant. The informant had not done anything wrong to her. The police filed a petition for discharge of the informant, and he was discharged. The material objects were sent to SFSL, Junga for analysis, and as per the report, the DNA profile of a male individual matching the DNA profile of the petitioner was found on Kurta, Salwar, underwear, vulval swab, vaginal swabs and vaginal slide of the victim. As per the report of the Medical Expert, there were signs of vaginal intercourse. The police have filed the charge-sheet before the Court on 12/8/2024 and supplementary charge-sheet on 28/1/2025. Two witnesses have been examined, and 22 witnesses are yet to be examined. The matter is now listed for prosecution evidence on 28/8/2025. Hence, the status report.