IMPORTANT POINT
The seriousness of the allegations and the potential threat to society are material factors for consideration in deciding a bail petition for serious and grave offences.

JUDGMENT :

Satyen Vaidya, J.

By way of instant petition, the petitioner has prayed for grant of bail under Section 439 of the Cr.P.C.

2. The allegations against the petitioner is that he has been indulging in purported sorcery on the pretext of curing the health problem of masses. The mother of the victim herein was also getting cure for her headache from petitioner. On 15.03.2022, the victim had accompanied her mother to the premises of petitioner and on that day petitioner had committed sexual intercourse with the victim by influencing and terrorizing the victim on the basis of his purported super natural powers. The matter was reported to the police on 21.03.2022. As regards delay in reporting the matter, an explanation has been rendered to the effect that the victim was so terrorized and afraid that she could not disclose the fact to her mother. The victim thereafter visited her elder sister at Chandigarh and disclosed the entire episode to her on 18.03.2022. The sister of the victim then informed her mother and the victim returned to her mother on 20.03.2022 and the matter was accordingly reported on 21.03.2022.

3. On completion of investigation, challan was presented. The petitioner has been charged under Sections 376, 506 of the IPC and Section 4 of Protection of Children from Sexual Offences (POCSO) Act. The petitioner is facing trial and the prosecution evidence has partially been recorded.

4. Petitioner has prayed for grant of bail on the ground that he has been implicated in a false case. As per petitioner, the delay in registration of FIR is completely unexplained and such fact itself is sufficient to falsify the prosecution story. It is further contended that there is no corroborative evidence available on record. Petitioner has already suffered prolonged pre-trial incarceration. Petitioner has undertaken to abide by all terms and conditions in case he is ordered to be released on bail.

5. Per contra, the prayer has been stronger opposed by the learned Additional Advocate General.

6. It has been submitted that the petitioner is an accused of very serious and heinous offence. The victim, her sister and mother have already been examined as witnesses and they have fully supported the prosecution case. The petitioner is also facing similar allegations in few other cases.

7. I have heard learned counsel for the parties and have also gone through the entire record carefully.

8. As per the prosecution case, victim was below the age of 18 years at the time of commission of alleged offence. The petitioner is more than 30 years old. The allegations prima facie divulge the victim being exploited by the petitioner only for his lust.

9. The allegations against the petitioners are very serious and grave. The petitioner is alleged to have used the pretence of having super natural powers to cure the ailments of others to not only befool the others, but to satisfy his lust.

10. The status report reveals that the petitioner was also named an accused in case FIR No.108/2019, dated 31.03.2019, registered at Police Station Nalagarh, under Sections 376, 328 and 506 of the IPC. Similar allegations have been levelled against the petitioner by one of the cousin of victim, who has been examined as PW-4 in the instant case. At her instance, petitioner has been implicated as an accused in FIR No. 17 of 2022, dated 21.03.2022 under Sections 376 and 506 of the IPC.

11. Nature of accusations, gravity of offence and the material available with the prosecution in support of such allegations are material factors for consideration at the stage of bail. In the instant case, the allegations are quite serious and it cannot be said that the prosecution prima facie does not have sufficient material to implicate the petitioner.

12. In light of aforesaid allegations, it can be reasonably inferred that the release of petitioner on bail will not be in the interest of society as he is a potential threat and may indulge in similar activities under the guise of alleged su