Point of Law: Various principles to be kept in mind, while deciding petition for bail viz. prima facie case, nature and gravity of accusation, punishment involved, apprehension of repetition of offence and witnesses being influenced.

JUDGMENT :

Sandeep Sharma, J.

By way of instant petition filed under Section 439 Cr.PC, prayer has been made by the bail petitioner for grant of regular bail in case FIR No. 111 of 2022 dated 26.9.2022, under Sections 376 and 506 of IPC and Sections 6 and 12 of POCSO Act, registered at PS Gagret, District Una, H.P.

2. Respondent State has filed the status report in terms of order dated 20.1.2023 and ASI Shashi Pal, PS Gagret, District Una, has also come present with records. Records perused and returned.

3. Perusal of status report/record reveals that on 26.9.2022, police station Gagret received a complaint regarding sexual harassment from victim-prosecutrix (name withheld), wherein she alleged that present bail petitioner, who at that relevant time was teacher at Government Degree College Daulatpur, Una, has been sexually harassing her against her wishes. Complainant alleged that bail petitioner repeatedly harassed her and when she objected, he threatened to award less marks in the internals. She alleged that subsequently, she was suspended from the class by the bail petitioner. Victim-prosecutrix also alleged that taking undue advantage of her innocence and minority, bail petitioner repeatedly sexually assaulted her against her wishes and also clicked her obscene photos. After having received aforesaid complaint, police recorded the statement of victim-prosecutrix under Section 161 CrPC on 27.9.2022, wherein she alleged that in the month of April, 2022, she was raped forcibly against her wishes at Kohinoor Hotel, Una. In the aforesaid background, police lodged FIR detailed hereinabove against the bail petitioner under Sections 376 & 506 IPC and Sections 6 and 12 of the POCSO Act.

4. Apprehending his arrest, petitioner approached this Court by way of anticipatory bail filed under Section 438 CrPC, but same was dismissed as withdrawn, as a result of which, bail petitioner surrendered before the police on 17.10.2022 and since then, he is behind the bars. Since investigation in the case is complete and challan stands filed in the competent court of law, bail petitioner has approached this Court in the instant proceedings for grant of regular bail.

5. Mr. Rajan Kahol, learned Additional Advocate General while fairly admitting factum with regard to filing of the Challan in the competent court of law contends that though nothing remains to be recovered from the bail petitioner, but keeping in the gravity of offence alleged to have been committed by the bail petitioner, he does not deserve any leniency and as such, it may not be in the interest of justice to enlarge him on bail. While making this Court peruse record, learned Additional Advocate General attempted to persuade this Court to agree with his contention that bail petitioner taking undue advantage of victim-prosecutrix not only extended threats and spoiled her career, but also committed rape upon her against her wishes and as such, it cannot be said that bail petitioner has been falsely implicated. While making this Court peruse medical evidence adduced on record, Mr. Rajan Kahol, learned Additional Advocate General, states that there is overwhelming evidence suggestive of the fact that victim-prosecutrix was subjected to forcible sexual intercourse. Lastly, learned Additional Advocate General submits that since statement of victim-prosecutrix is yet to be recorded in the trial court, it may not be in the interest of justice to enlarge the bail petitioner on bail because in that eventuality, he may not only flee from justice, but may also cause harm to the victim-prosecutrix.

6. Mr. N.K. Thakur, Senior Advocate, duly assisted by Ms. Ritu Singh, Advocate, while refuting the aforesaid submissions made by the learned Additional Advocate General contends that bare perusal of evidence collected on record clearly reveals that bail petitioner has been falsely implicated. He submits that as per material available on record by the investigating agency, victim-prosecutrix and bail petitione