The presumption of innocence, the discretion of granting bail, and the need for a humane approach in bail decisions were central legal principles established in the judgment.

JUDGMENT

Sandeep Sharma, J. (Oral) - Bail petitioner namely Nikku Ram, has approached this Court in the instant proceedings filed under Section 439 of Cr.PC, praying therein for grant of regular bail in connection with FIR No. 80/2018 dated 7.5.2018, under Sections 452, 354-A & 376 of IPC and Section 4 of POCSO Act, registered at PS Dhalli, District Shimla, HP.

2. Sequel to order dated 21.12.2018, passed by this Court, H.C. Vijay Kumar, I/o PP Mashobra, P.S. Dhalli, Shimla, HP, has come present in Court alongwith record of the case. Mr. Dinesh Thakur, learned Additional Advocate General, has also placed on record status report prepared on the basis of the investigation carried out by the investigating agency. Record perused and returned.

3. Close scrutiny of the record/status report reveals that on 7.5.2018, victim-prosecutrix got her statement recorded under Section 154 Cr.PC., at PS Dhalli, alleging therein that on 4.5.2018, bail petitioner, with wrong intentions, unauthorisedly entered her quarter at Mashobra and thereafter, ravished her. Complainant-prosecutrix alleged that on the date of alleged incident, her father had gone to "HIPA" for night duty, whereas her mother had gone to Pulwahal. She further alleged that at 10:00 pm, somebody knocked the door and she believing that her grandfather has come, opened the door, but thereafter bail petitioner forcibly entered the house and made an attempt to outrage her modesty. Complainant-prosecutrix alleged that bail petitioner in the presence of her younger sister not only, outraged her modesty but also sexually assaulted her against her wishes. Subsequently, on 7.5.2018, she came to the police station alongwith her parents and lodged a complaint against the bail petitioner, who happened to be a shop keeper in the nearby locality at Mashobra. After recording the statements of prosecutrix as well as other family members, police arrested the accused on 7.5.2018 and since then, he is behind the bars. Prior to filing of present petition, petitioner had also filed bail petition before the learned court below, but the same was dismissed as withdrawn.

4. Mr. Ajay Shandil, learned counsel for the petitioner while inviting attention of this Court to Annexure P-2 (Colly) i.e. statements of prosecution witnesses, stated that during trial all the material prosecution witnesses including prosecutrix have resiled from their statements given to the police and as such, present petition has been filed on behalf of the bail petitioner in the changed circumstances. Learned counsel, while making this Court to peruse record as well as statements having been made by the prosecutrix, her mother and sister, forcibly contended that no case, if any, is made out against the bail petitioner under Sections 452, 354-A and 376 IPC and as such, he deserves to be enlarged on bail. He contended that all the material prosecution witnesses including victim and prosecutrix have resiled from their initial statements given to the police and as such, bail petitioner, who is behind the bars for more than seven months, deserves to be released on bail forthwith. While referring to the medical evidence adduced on record by the prosecution, learned counsel for the petitioner further contended that there is nothing to suggest that on the date of alleged incident, victim prosecutrix was subjected to sexual intercourse as alleged in the FIR. Lastly, Mr. Shandil, learned counsel, contended that bail petitioner has already suffered for 7 months for no fault of him and he being first offender deserves to be enlarged on bail, especially, when there is nothing on record to suggest that previously cases, if any, were lodged against him in any competent court of law.

5. Mr. Dinesh Thakur, learned Additional Advocate General, while fairly acknowledging the factum with regard to filing of challan in the competent court of law as well as recording of statements of material prosecution witnesses, contended that keeping in view the gravit