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AJAY MOHAN GOEL
Sunil Kumar @ Bobby – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
By way of this petition, filed under Section 439 of the Criminal Procedure Code, the petitioner has prayed for grant of regular bail, in FIR No.77 of 2021, dated 04.05.2021, registered under Sections 376(AB) of the Indian Penal Code and Section 6(m) and 17 of POCSO Act and Section 75 of Juvenile Justice Act, at Police Station Theog, District Shimla, H.P.
2. Learned Counsel for the petitioner has argued that the petitioner is innocent and has been falsely implicated by the complainant in the case. He has submitted that the investigation which has been carried out by the Police has not been able to connect the petitioner with the commission of the offences alleged and further the trial which has so far progressed has also not pointed out towards the culpability of the petitioner. He has submitted that the petitioner has not committed any offence so as to render him liable to be convicted either under the provisions of the Indian Penal Code or the POCSO Act read with the provisions of Juvenile Justice Act and therefore, the present petition be allowed by ordering the release of the petitioner on bail.
3. The petition is resisted by learned Deputy Advocate Ge
Gravity of offences alleged to have been committed by petitioner and stage at which trial is, no case is made out to release petitioner on bail.
The petitioner will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the I....
The court's decision was based on the lack of maintainability of the allegations and the petitioner's claim of false implication due to a romantic relationship.
The seriousness of the allegations, the age of the victim, and the petitioner's criminal antecedents are crucial factors in determining bail eligibility.
Point of Law : Grant of Bail - Fact that the petitioner is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, the petition....
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