GAURAV Vs. STATE OF HP

JUDGEMENT

(1.) The petitioner has sought pre arrest bail in case FIR No. 80 of 2016 dated 26.5.2016, registered at Police Station, Amb, District Una, HP, under section 354(A) and Sections 8 and 17 of POCSO Act.

(2.) Respondents have produced the records of investigation and have also filed the status report.

(3.) What emerges from the record is that the petitioner is an accused of having caught hold of the hand of complainant, who is stated to be a minor and tried to kiss her and asked for a phone number. All these allegations, coupled with the question of minority etc. are required to be considered at the time of trial and it is ultimately for the trial court to arrive at the findings as to whether such charges stand proved or not on the basis of the evidence that would be produced by the prosecution in support of the charges. But then the core issue is as to whether the petitioner, in such circumstances, can be held entitled to anticipatory bail or not. I have heard the learned counsel for the parties and have gone through the material placed on record.