RAJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Though, the petitioner was earlier granted bail vide detailed order dated 11.6.2015 in Cr.M.P.(M) No.707 of 2015, titled as Raj Kumar vs State of Himachal Pradesh, however, he has again moved this Court under section 439 of the Code of Criminal Procedure in view of the subsequent incorporation of the offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short SCST Act) and section 4 of the Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act").

(2.) The respondent has produced the record of the investigation and has also filed the status report.

(3.) It is not in dispute that there has been no material change of circumstances after passing of the order dated 11.6.2015, save and except the incorporation of the offences under the two Acts, as referred above. Therefore, in principle, the accusation against the petitioner remains the same as regards the offence of rape and in so far as the offences under the two Acts, as referred above, is concerned, the same are matters, which essentially are required to be established during the course of trial.