SANDEEP SINGH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner has filed the present application for grant of bail in FIR bearing No. 26/2021 for commission of offences under Ss. 363, 109, 376 IPC and 3/4 Protection of Children from Sexual Offences Act, 2012(POCSO) on the ground that the petitioner was arrested in Feb 2021 in a false and frivolous case and further that the girl/prosecutrix was very close to the petitioner and visited number of times at the residence of the petitioner and girl herself accompanied the petitioner.

(2.) Status report stands filed by the official respondent in which it has been stated that on 11/2/2021, complainant lodged a written report at Police Post, Talab Tillo, Jammu that on 10/2/2021, her minor daughter, named withheld, a student of 11th standard of Government Higher Secondary School, Nowabad, Talab Tillo, Jammu had gone to school but did not return back. Later on it came to her knowledge that her minor daughter had been kidnapped by the petitioner by using his Scooty. On the basis of this information, FIR bearing No. 26/2021 was registered under Sec. 363 IPC. The girl was recovered from possession of the petitioner from Pathankot and he was arrested. During the further investigation, the medical of the victim girl was got conducted from Government Hospital, Sarwal and also her statement was recorded under Sec. 164 Cr.P.C. and after the conclusion of the investigation, the charge-sheet for commission of offences under Sec. 363, 376 IPC, 84 of Juvenile Justice Act and 3/4 POCSO Act stands filed against the petitioner.

(3.) Response stands filed by mother of the victim also, in which it has been stated that the petitioner is guilty of committing a heinous offence and as such, he is not entitled to bail.