1. This petition is filed by the petitioner-accused No. 1 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 498-A, 376, 354, 506 IPC read with Section 5(m)(1) and 6 of POCSO Act, 2012, registered in respondent-police station Crime No. 19/2017.

2. Brief facts of the prosecution case is, wife of the present petitioner is the complainant and she has alleged that there is sexual harassment to herself and sexual assault and harassment to their minor daughter. The complaint averment also goes to show that whenever the daughter returns from school, he used to make sexual advances against daughter and was always forcing his wife to have sex. It is the contention of the complainant that she has become a sex slave in the hands of the present petitioner. Hence, she has submitted that appropriate action be taken against the petitioner herein for such sexual acts. The complaint averment goes to show that even the petitioner used to have sex against the order of nature i.e. gay sex. On the basis of the said complaint case came to be registered as against the present petitioner for the alleged offences.

3. Heard the arguments of the learned Senior Counsel on behalf of the counsel on record for the petitioner and also the learned High Court Government Pleader appearing for the respondent-State.

4. Learned Senior Counsel referring to the complaint averments and also the question and answer formats of the daughter of the present petitioner, made submission that the petitioner led marital life with the complainant for a period of 11 years, the petitioner is a responsible officer and false allegations are made against him to tarnish his image in the eyes of public. Referring to the question and answer formats by the daughter of the complainant and the present petitioner, learned Senior Counsel submitted that it is highly improbable that said acts could happen that too in the presence of daughter, the petitioner having sex with the complainant and on this count also learned Senior Counsel submitted that the present petitioner has been falsely implicated in this case.

5. Learned Senior Counsel further made submission that though it is conceded in the complaint that daughter also made allegation as against her father, the statement under Section 164 Cr.P.C. recorded is of the wife and it was not the statement of the daughter and hence, by imposing reasonable conditions, petitioner may be admitted to regular bail.

6. Per contra, the learned High Court Government Pleader made submission that looking to the allegations made in the complaint so also the other documents produced, it is clear that the present petitioner was always insisting the complainant to have sex and he wanted to make her a sex slave according to his will and wishes. Learned HCGP also submitted that no wife will openly come to make false submissions against her husband and even the daughter made allegations as against her father. Referring to the statements of the wife and daughter of the petitioner, recorded under S.164 Cr.P.C. statement, learned HCGP submitted that this prima-facie goes to show the involvement of the present petitioner in committing the alleged offences. So far as the daughter is concerned, she is aged about 9 years and the medical record and the doctor’s opinion is consistent with the allegations made as against the present petitioner. Learned HCGP submitted that even the petitioner used to put his finger into private part of his daughter. The doctor’s opinion that hymen is not intact is consistent with the other materials produced by the prosecution. On all these grounds, learned HCGP submitted that present petitioner is not entitled to be granted with bail.

7. I have perused the averments made in the bail petition, FIR, complaint, order passed by the lower Court on the bail application and other materials placed on record. I have perused the documents produced by the learned Senior Counsel along with the petitio