RAJESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 100 of 2025, dtd. 15/5/2025, registered in Police Station Bhawarna, District Kangra, H.P. for the commission of offences punishable under Ss. 137(2), 64(1) and 96 of Bharatiya Nyaya Sanhita, 2023 (BNS) and Ss. 6 and 7 of the Protection of Children from Sexual Offences Act, 2012 (POCSO).

(2.) It has been asserted that, as per the prosecution, the petitioner and his sister (co-accused) had kidnapped the victim and taken her to Jallandhar on 14/5/2025. The petitioner took the victim to his house and committed the penetrative sexual assault on her twice. The victim was aged 17 years at the time of the incident. The victim's father reported the matter to the police. The police registered the FIR and recovered the victim from the petitioner's house. The report of the RFSL revealed that the petitioner's DNA was found on the clothes and biological sample of the victim. The petitioner is innocent, and he was falsely implicated. The police have filed the charge sheet, and no fruitful purpose would be served by detaining the petitioner in custody. The petitioner would abide by all the terms and conditions that the Court may impose upon him; hence, he 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 was aged 17 years. She left her home on 14/5/2025 at about 7.30 A.M. She did not return, and her phone was found switched off. The matter was reported to the police. The police registered the FIR and investigated the matter. The police subsequently found that the victim was at Jallandhar. The police recovered the victim from the petitioner's house on 16/5/2025. The victim revealed that the petitioner and his sister took her in a bus to Jallandhar on 14/5/2025. The petitioner resided with the victim at Jallandhar. The petitioner had sexually penetrated her twice. The victim was found to be born on 9/5/2025 and was aged 17 years on the date of the incident. The samples were collected. The charge sheet was filed before the Court on 11/7/2025. The matter was listed on 11/2/2026 for proper order. The statements of six witnesses are yet to be recorded. Hence, the status report.