Bail in non-bailable criminal cases is not a matter of right, especially in cases involving grave offenses against minors, and the legal obligation to protect the rights of minor girls is paramount.

JUDGMENT :

P.S. RANA, J.

1. Present bail application is filed under Section 438 of the Code of Criminal Procedure 1973 for grant of anticipatory bail in connection with FIR No. 199 of 2015 dated 25.09.2015 registered under Sections 354, 451 IPC and under Section 8 of POCSO Act 2012 in P.S. Nalagarh District Solan (H.P.)

2. It is pleaded that petitioner did not commit any offence and has been falsely implicated in present case. It is pleaded that petitioner was not present at place of incident and was present at Jallandhar. It is pleaded that false FIR registered against the petitioner. It is pleaded that FIR registered against the petitioner for extraneous reasons. It is pleaded that petitioner will not tamper with prosecution witnesses in any manner and will abide by all terms and conditions of bail order. Prayer for acceptance of anticipatory bail application sought.

3. Per contra police report filed. As per police report FIR No. 199 of 2015 dated 25.9.2015 registered against the petitioner under Sections 451, 354 IPC and under Section 8 of POCSO Act 2012 at P.S. Nalagarh District Solan (H.P.). There is recital in police report that on 25.9.2015 minor prosecutrix along with her mother came in police station. There is recital in police report that prosecutrix is minor and her age is 12 years and she is a student of 6th class. There is further recital in police report that mother of minor prosecutrix is residing at New Nalagarh along with minor prosecutrix. There is recital in police report that on 24.9.2015 at 3.30 PM when mother of minor prosecutrix came to her residential house she found that minor prosecutrix was in very depressed condition and minor prosecutrix did not consume food and started weeping. There is recital in police report that when mother of minor prosecutrix inquired about reason of weeping from minor prosecutrix then minor prosecutrix told that when minor prosecutrix came to her residential house from school then petitioner Sachin came in her residential house and misbehaved with minor prosecutrix and also committed sexual assault upon minor prosecutrix with intent to outrage her modesty. There is also recital in police report that thereafter minor prosecutrix raised voice and her relative Varun came. There is further recital in police report that when relative of minor prosecutrix came thereafter petitioner Sachin left the place of incident. During investigation Investigating Officer recorded statements of witnesses under Section 161 Cr.P.C. and statement of minor prosecutrix under Section 164 Cr.P.C. got recorded before Additional Chief Judicial Magistrate Nalagarh.

4. Court heard learned Advocate appearing on behalf of the petitioner and learned Additional Advocate General appearing on behalf of the non-petitioner and also perused the record.

5. Following points arise for determination in bail application:-

1. Whether anticipatory bail application filed under Section 438 Cr.P.C. by petitioner is liable to be accepted as mentioned in memorandum of grounds of anticipatory bail application?

2. Final Order.

Findings on Point No.1 with reasons

6. Submission of learned Advocate appearing on behalf of petitioner that petitioner is innocent and petitioner did not commit any criminal offence cannot be decided at this stage. Same fact will be decided when case shall be disposed of on merits after giving due opportunity to both the parties to lead evidence in support of their case.

7. Submission of learned Advocate appearing on behalf of the petitioner that petitioner was not present at the place of incident as alleged by prosecution and petitioner was present at Jallandhar and on this ground anticipatory bail application be allowed is rejected for the reasons hereinafter mentioned. Alibi plea of petitioner cannot be decided at this stage. Alibi plea of petitioner would be decided by learned trial Court when case shall be disposed of on merits after giving due opportunities to both the parties to lead evidence in support of