YOGESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in FIR No. 47 of 2025, dtd. 15/11/2025, registered at Woman Police Station, Solan, District Solan, H.P., for the commission of an offence punishable under Sec. 8 of Protection of Children from Sexual Offences Act (POCSO) and Sec. 3(1)(w) of Scheduled Caste and Scheduled Tribe, (Prevention of Atrocities Act) (SC & ST Act).

(2.) It has been asserted that, as per the prosecution, the victim made a complaint to the police that the petitioner had molested her. The police registered an FIR and investigated the matter. Subsequently, the victim's maternal uncle made a statement that the petitioner had told him on the telephone that he (the petitioner) used to treat the daughters of weavers like this. The petitioner had molested the victim because she belonged to the scheduled caste. These allegations are false. The matter was reported to the police after a delay of 10 days. The petitioner is a permanent resident of District Solan, and there is no chance of his absconding. He 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 had made a statement to the police on 15/11/2025, stating that the petitioner had molested her on 2/11/2025. The police registered the FIR and investigated the matter. The victim's uncle made a statement that the petitioner had abused him and the victim in the name of his caste on 14/11/2025. The petitioner also claimed that he had molested the victim because of her caste. The police investigated the matter and filed the charge sheet on 8/1/2026. The matter was listed for the supply of copies. Hence, the status report.