Point of Law: Pre-trial incarceration cannot be applied as a matter of rule.

JUDGMENT :

Satyen Vaidya, J.

A case was registered under Sections 366, 366-A, 376, 120-B of IPC and Sections 4 and 17 of the Protection of Children from Sexual Offences Act (for short, “POCSO” Act), vide FIR No. 10 of 2023, dated 19.01.2023 at Police Station, Karsog, District Mandi, H.P.

2. Petitioner is one of the accused arrayed in the above noted case. The investigation is complete and challan has been filed.

3. Facts giving rise to the registration of above noted case are that on 19.01.2023, the child victim in custody of Child Development Project Officer, Karsog and others reported to the police that she was 13 years old and was a student of 8th standard in Middle School, Nehra. She had two brothers and a sister and her mother worked at a “Dhaba” at Karsog Bus stand. She had already lost her father. On 07.02.2022, she visited market in Karsog on the pretext that she was going to visit the house of her maternal grand-father at Bhandarnu. She met two boys named Raj and Sunny at Karsog Bus-stand. She knew Raj for the last four months and were exchanging phone calls with each other. Raj offered to take the victim to Tattapani on the promise to marry her. On the refusal of child victim, she was forced to ride pillion on the motorcycle and was taken to Tattapani. There the child victim and accused Raj started residing as husband and wife. Raj maintained physical relations with her. She even conceived. After disclosure of factum of pregnancy of child victim to accused Raj, he started harassing the victim and forced her to abort the fetus. She was pregnant by one month and had wished to go to her mother’s house, but accused Raj started giving beating to her. Due to such beatings, the fetus was aborted. Even the parents of Raj did not object to the conduct of Raj. Even on 18.01.2023, Raj had maintained physical relations with her.

4. The accused Raj alongwith his parents and petitioner have been arrayed as accused. The allegation against petitioner is that he accompanied accused Raj on motorcycle when the child victim was taken from Karsog to Tattapani on 07.02.2022. Beyond this, there is no further allegation against the petitioner.

5. Petitioner has prayed for grant of bail on the ground that he is innocent and has committed no offence. It is submitted that there is no evidence against him which may suggest the criminal intent of petitioner at any stage. It is further submitted that petitioner is of young age and his pre-trial incarceration will not serve any purpose, rather it will be detrimental in his career building. Petitioner is stated to be permanent resident of Village Dumo, Post Office Jassal, Tehsil Karsog, District Mandi, H.P. and there is no likelihood of his fleeing from the course of justice. Petitioner has also undertaken to abide by all the terms and conditions as may be imposed against him.

6. I have heard learned counsel for the parties and have also gone through the records of the case carefully.

7. Status report filed on behalf of the respondent reveals that after completion of investigation, challan has already been presented. The only evidence collected against petitioner is that he accompanied the accused Raj on motorcycle when the child victim was taken to Tattapani from Karsog. In the given circumstances, criminal intent of petitioner cannot be ascertained with precision.

8. Petitioner has already suffered custody since 21.01.2023. He is only 19 years of age and his prolonged detention in the given facts of the case will not be warranted for the reasons firstly that it is likely to adversely affect his career and secondly, in absence of any specific criminal intent attributed to him, petitioner cannot be kept in custody for indeterminate period. Pretrial incarceration cannot be applied as a matter of rule.

9. No doubt, the nature of accusation is a relevant factor for deciding the bail plea of an accused, but that cannot be the sole factor to deny right of liberty. The nature and quality of evidence collected in s