RAKESH CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in FIR No. 3 of 2024 dtd. 8/3/2024 registered at Police Station Bagga, Tehsil Arki, District Solan, for the commission of offences punishable under Sec. 376(2)(f) of the Indian Penal Code (IPC) and Sec. 6 of the Protection of Children from Sexual Offences Act (POCSO).

(2.) It has been asserted that the petitioner was wrongly arrested by the police. He was not informed about the grounds of arrest, and his arrest is violative of the constitutional rights granted under Articles 21 and 22 f the C nstitution of India. He had earlier filed a bail pe i ion, which was registered as CrMP(M) No. 1971 of 2024 and was dismissed on 1/10/2024. The relationship between the petitioner and the victim's mother is strained. The victim was residing with her mother in a rented room for the last 7-8 years. The victim's mother made a false complaint. The prosecution has not completed the evidence despite the lapse of more than one year. The petitioner would abide by the terms and conditions that the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

(3.) The petition is opposed by filing a status report asserting that the informant made a statement complaining about the rape of the victim by the petitioner. The police registered the FIR and conducted the investigation The petitioner was medically examined. The victim was found to be 12 years, 11 months & 18 days old on the date of the incident. She was born on 13/3/2011. No semen was detected in the samples of the victim, but semen was detected on the 'Pyjami' of the petitioner and his underwear. The challan was prepared and was filed before the learned Special Judge, Fast Track Solan on 30/4/2024. The charge was f amed by the Court on 20/7/2024. The statements of 9 witnesses have been recorded. Three witnesses were given up. The statements of eye witnesses are to be recorded, and the matter was listed on 25/26/7/2025; hence the status report.