SHASHI YADAV Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in FIR No. 68 of 2025, dtd. 2/3/2025, registered at Police Station Nalagarh, District Solan, H.P., for the commission of offences punishable under Sec. 75 of the Bharatiya Nayaya Sanhita (BNS), 2023 and Sec. 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

(2.) It has been asserted that the petitioner was arrested on 2/3/2025. He has nothing to do with the commission of the offences. He is the sole bread earner of the family. The charge sheet has been filed before the competent Court, and the trial has not commenced as yet. No fruitful purpose will be served by detaining the petitioner. The petitioner is a respectable person in society, and there is no chance of his absconding. He would abide by all the terms and conditions that the Court may impose. Petitioner had earlier filed a bail petition before the Court, which was registered as Cr.MP(M) No. 1446 of 2025 and was dismissed on 7/7/2025. No witness has been examined after the dismissal of the bail petition. Hence, the present petition.

(3.) The petition is opposed by filing a status report asserting that the victim's father made a complaint to the police, stating that the victim, aged 14 years, was going to the bathroom on 2/3/2025 at 4:00 p.m. The petitioner called her and took her to the bathroom, where he sexually assaulted her by touching her stomach and breasts. The victim's brother saw her and saved her from the petitioner. The police registered the F.I.R. and investigated the matter. The police arrested the petitioner on 2/3/2025. The victim was born on 22/1/2013. The charge sheet has been filed before the Court, and the matter is listed on 23/3/2026 for the prosecution's evidence. Hence, the status report.