The main legal point established in the judgment is that despite the provisions of reverse onus under the POCSO Act, further detention of the petitioner would be unwarranted during the trial, based on the examination of the child witness and the material placed before the court.

VIVEK SINGH THAKUR, J.

1. Present petition has been filed under Section 439 Cr.P.C. seeking regular bail in case FIR No. 31 of 2017 dated 18.12.2017 registered at Mahila Police Station Baddi under Sections 354 (A) (1) and 506 IPC and Section 10 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as POCSO Act).

2. Status report stands filed and record has also been perused.

3. Prosecution case is based upon the information supplied by the victim to her mother, resulting into registration of case against the accused under POCSO Act for outraging the modesty of seven years old victim by calling her in his house on the pretext to bring ‘Biddi’ (smoking material) after giving her Rs.10/-.

4. Petitioner had earlier filed the bail petitions seeking bail in the months of January, February and May, 2018. First two bail petitions were dismissed as withdrawn unconditionally, however, the bail petition preferred in May 2018, though was dismissed as withdrawn, but at that time, on behalf of the petitioner, attention of the Court was invited under Section 35 of the POCSO Act, whereupon direction was given to the Public Prosecutor to move an application before learned Special Judge for examination of the victim as the time as envisaged in the Act for examination of the child has already elapsed.

5. There is nothing on record to show that any such application was ever filed or not. However, the fact remains that now the child witness stands examined on 10.12.2018 and copy of her statement has also been placed on record along with this petition.

6. The child victim in the Court has deposed that nothing happened to her and accused did not do any wrong act with her. She was not declared hostile being a child witness. She has been examined as PW1 by the prosecution. Remaining witnesses are yet to be examined and guilt of petitioner is yet to be established on the basis of entire evidence to be led by prosecution.

7. Without commenting upon the merits of case and effect of the statement of child witness on the trial, I, on the basis of material placed before me, find that despite provisions of reverse onus under the POCSO Act, further detention of petitioner would be unwarranted during the trial. Therefore, petitioner is ordered to be enlarged on bail, subject to furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of learned trial Judge, subject to the following conditions:-

(i) That the petitioner shall make himself available before the trial Court on each and every date as and when required;

(ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;

(ii) That he shall not obstruct the smooth progress of the trial;

(iii) That he shall not jump over the bail and also shall not leave the jurisdiction of India without information and shall inform, in writing, regarding change of address, if any, from the present place of residence, in advance, to W.P.S. Baddi.

(v) That the petitioner shall not commit the offence similar to the offence to which he is accused or suspected or the commission of which he is suspected.

(vi) That petitioner shall not misuse his liberty in any manner.

8. It will be open to the prosecution to apply for imposing any such other or further condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice. It will also open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice.

9. In case the petitioner violates any condition imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecuti