The severity of accusations, legislative intent behind POCSO Act, and potential danger of influencing witnesses are crucial factors in bail decisions.

ORDER :

Petitioner is an accused in case registered vide FIR No. 68 of 2021, dated 12.09.2021 at Police Station Chopal, District Shimla, H.P. under Sections 376, 342, 34 of Indian Penal Code (for short “IPC”) and Section 4 of the Prevention of Children from Sexual Offences (for short “POCSO”) Act, 2012. Petitioner is in custody since 14.09.2021.

2. Petitioner has approached this Court for grant of bail, in above noted case, under Section 439 Cr. P.C., on the grounds that he has been falsely implicated in the case with a view to harass him unnecessarily. The allegation of petitioner is that his false implication is at the instance of persons having inimical relations towards him. He has nothing to do with the alleged offence. Even there is no allegation against him of sexual assault on the victim. Dinesh Kumar, the other co-accused in the case is employed by the petitioner as co-driver-cum-helper. As per petitioner, on 12.9.2021 he alongwith his co-driver-cum-helper Dinesh Kumar stopped the vehicle near place known as “Lani” for checking the condition of vehicle and for having some refreshments. Dinesh Kumar decided to sit in the vehicle. The petitioner visited nearby market to collect essentials for the journey, but on his return found the door of the truck opened and Dinesh Kumar was missing. It has been contended on behalf of the petitioner that he has no idea of the alleged incident. The challan in the case has been filed after completion of investigation. The prolonged incarceration of petitioner shall not serve any purpose.

3. Petitioner has further sought his bail by making averments that he is entitled for bail as a matter of right as principally the committal to jail is an exception. Merely levelling of serious charges is not sufficient to deny the petitioner benefit of bail. Petitioner has undertaken not to tamper with prosecution evidence and further not to make any inducement, threat or promise to the persons acquainted with the facts of the case. He has stated that he shall abide by all the terms and conditions as may be imposed against him.

4. In response, the status report has been filed by the respondent. It has been stated on behalf of the respondent that on 12.9.2021 the mother of victim alongwith victim visited the Police Station and submitted a written complaint alleging inter alia, that the victim was only 16 years old. On 11.9.2021, the victim had left her home at about 3.00 p.m. to visit the house of her aunt at village Mattal. At about 5.00 p.m. she received information from her nephew telephonically that he had been informed by Ganesh Nepali R/o Chadoli that some person had sexually assaulted the victim in a truck near place “Lani” in a jungle. On this, the complainant visited “Lani” where the victim disclosed to her that when she was on her way to Mattal and had reached the jungle beyond “Lani” when it was already late, so she had started walking back towards her home, when a truck approached from the side of Mattal. The driver stopped the truck and gave her lift. Another person was also sitting in the truck. At some distance, in a jungle, the truck was stopped and driver alighted therefrom and the other person committed sexual assault on victim. The said other person thereafter got down from the truck and the driver came back, who also held the hand of victim, but the victim could escape therefrom. The registration number of the truck was HP-63-9174. The name of the person, who had committed sexual assault on victim was disclosed as Dinesh Kumar and petitioner was said to be the driver of the truck. Petitioner alongwith other co-accused were arrested. The investigation is complete and the challan is stated to have been filed in the Court. The age of the victim at the time of alleged crime was found to be 15 years 3 months 27 days.

5. I have heard learned counsel for the petitioner and learned Additional Advocate General for the State and have gone through the status report and also the police file.

6. It is