VINOD KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in FIR No. 55 of 2025, dtd. 17/3/2025, registered at Police Station Dharampur, District Solan, H.P., for the commission of offences punishable under Ss. 6 and 8 of the Protection of Children from Sexual Offences Act (in short 'the POCSO Act').

(2.) It has been asserted that the petitioner was arrested on 18/3/2025. The investigation is complete. No case is made out against the petitioner based on the averments made in the final report. The grounds of arrest were not communicated to the petitioner, which is a violation of Article 22 of the Constitution of India. 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 victim's mother made a complaint to the police stating that her son was admitted to Boxing coaching on 14/3/2025. The petitioner was running the coaching class. The victim made a complaint on 14/3/2025 that the petitioner had kissed him and paid Rs.500.00 to him. He declined, but the petitioner forcibly put Rs.100.00 in the victim's pocket. The victim refused to go to the class on 17/3/2025. He revealed during the enquiry that the petitioner had attempted to sexually penetrate his anus. The police registered the FIR and investigated the matter. The victim was found to have been born on 13/2/2015. Thus, he was a minor on the date of the incident. The petitioner was working as a boxing coach for a long time. The samples were sent to SFSL, Junga and as per the report, human semen was detected on the petitioner's underwear. The charge sheet was filed before the Court on 29/3/2025, and the matter was listed on 10/7/2025. Hence, the status report.