The court emphasized that serious allegations, especially involving children, require careful consideration of evidence and potential risks before granting bail.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested vide F.I.R. No. 46 of 2023, dated 28.10.2024, for the commission of offences punishable under Section 376 AB of the Indian Penal Code (in short ‘IPC’) and Section 4 of Protection of Children from Sexual Offences Act (in short ‘POCSO Act’). The petitioner was falsely implicated. The investigation is complete, and no recovery is to be effected from the petitioner. The petitioner belongs to a respectable family and has deep roots in the society. The petitioner would abide by all the terms and conditions, which the Court may impose. Hence the petition.

2. The petition is opposed by filing a status report asserting that the victim’s mother made a complaint to the police asserting that the victim, aged 3 years, was playing in the room on 27.10.2023 at 8:30 pm. The accused took her with him on the pretext of buying her chocolate. The accused did not return with the victim; hence, the victim’s mother sent her brother to trace the accused and the victim. He found that the accused had taken the victim to a dark alley. The accused could not give any satisfactory reason for taking the victim. The victim revealed that the accused had removed her underwear. When the victim’s mother removed the victim’s underwear, she found that the victim was bleeding from her private parts. The matter was reported to the police. The police registered the FIR and conducted the investigation. The police arrested the accused. The accused showed the place where he had raped the victim. The police found blood stains on the cement bag and tarpaulin. The police seized the blood-stained portion of the cement bag and tarpaulin. The accused also got recovered three toffee wrappers. The police seized the clothes of the accused. As per the result of the analysis, human blood was detected on the clothes of the victim and the T- shirt of the accused. Blood was also detected on the shirt of the victim, tarpaulin and the lower of the accused. Human semen was detected on the undergarments of the accused. DNA of the victim was found on the lower of the accused. The Medical Officer reported that the sexual assault had taken place; hence, the status report.

3. I have heard Mr. Sarthak Mehta, learned counsel for the petitioner and Mr. Jitender Sharma, learned Additional Advocate General, for the respondent/State.

4. Mr. Sarthak Mehta, learned counsel for the petitioner submitted that the petitioner is innocent and he was falsely implicated. The trial is not progressing satisfactorily and the right of speedy trial has been violated; hence, he prayed that the present petition be allowed and the petitioner be released on bail.

5. Mr. Jitender Sharma, learned Additional Advocate General, for the respondent/State submitted that the accused is involved in the commission of a heinous offence. He had raped a child aged 3 years and this is corroborated by the report of the analysis. The matter is listed for the prosecution evidence on the 17^th, 18^th and 19^th of this month and there is no delay in the progress of the trial; hence, he prayed that the present petition be dismissed.

6. I have given considerable thought to the submissions made at the bar and have gone through the records carefully.

7. The parameters for granting bail were considered by the Hon’ble Supreme Court in Manik Madhukar Sarve v. Vitthal Damuji Meher, 2024 SCC OnLine SC 2271, wherein it was observed as under: -

“19. Courts, while granting bail, are required to consider relevant factors such as the nature of the accusation, the role ascribed to the accused concerned, possibilities/chances of tampering with the evidence and/or witnesses, antecedents, flight risk, et al. Speaking through Hima Kohli, J., the present coram in Ajwar v. Waseem, 2024 SCC OnLine SC 974, apropos relevant parameters for granting bail, observed:

“26. While considering as to whether bail ought to be g