The court granted bail based on the applicant's health condition and the lengthy trial process, imposing conditions to prevent witness tampering.

JUDGMENT :

Virender Singh, J.

1. Applicant-Gulva has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’) for releasing him on bail, in case FIR No.80 of 2024, dated 10.09.2024, registered under Sections 64, 351 (2), 332 of the Bharatiya Nyaya Sanhita, (hereinafter referred to as BNS), 376 of Indian Penal Code (hereinafter referred to as IPC) and Section 6 of the Protection of Children from Sexual Offences Act, 2012, (hereinafter referred to as the POCSO Act’) with Police Station, Kihar, District Chamba, H.P., on the ground that he is innocent person and has falsely been implicated, in this case.

2. According to the applicant, he is from respectable family, having deep roots in the society and is permanent resident of the address, as mentioned in the application.

3. The applicant, has given certain undertakings, for which, he is ready to abide by, in case, ordered to be released on bail.

4. The applicant has further pleaded that the investigation, in the present case, is complete and the competent Court of law has taken the cognizance and charges have been framed against him. Some of the prosecution witnesses are also stated to have been examined.

5. According to him, the star witness of the prosecution i.e. child victim, when appeared in the witness box, has turned hostile.

6. It is the case of the applicant that he is suffering from cancer and is under going Chemotherapy, radiotherapy in Dr. Rajendra Prasad Government Medical College, Kangra at Tanda, H.P., for the last more than two years.

7. The applicant has also highlighted that at the alleged time of incident, i.e. in the month of September, 2023 also, he was undergoing the treatment of Chemotherapy.

8. Applicant had also tried his luck by moving the similar application before the Court of learned Special Judge, Chamba, District Chamba, H.P., however, the said application was dismissed, vide order dated 15.01.2025.

9. On the basis of the above facts, learned counsel for the applicant has prayed that during the pendency of the trial, the applicant may be released on bail.

10. When, put to notice, the police has filed the status report. As per the copy of the FIR, which has been annexed with the application, the present case was instituted on the statement of father of the child victim, who has put the criminal machinery into motion, by moving the complaint, before the police, mentioning therein, that he is resident of the address, as mentioned in the application, and is ill. His wife and daughter, alongwith their cattle, were residing at place ‘X’. (name withheld) where, they were having their cowshed and adjoining to their cowshed, applicant-Gulva is also having his cowshed:

10.1 According to the complainant, he found his daughter (child victim) perplexed. On inquiry, she has disclosed that she is repeatedly being raped by applicant- Gulva and according to complainant, child victim also disclosed him that the complainant used to threaten her, that in case, she would disclose this fact to anyone, he would do away with her life. The girl child is also stated to be a simpleton girl. As such, a prayer has been made to take action, against the applicant, upon which, the police registered the FIR in question.

10.2. Thereafter, investigation, in this case, was conducted. The child victim was medically examined. The physical evidence, so collected by the doctors, was sent to RFSL, Dharamshala for examination. The applicant was arrested on 10.09.2024 and was produced before the Court on 10.09.2024. Thereafter, the spot map was prepared in the presence of the child victim, from where, the physical evidence was collected and the same was sent to SFSL, Junga.

10.3. During the investigation, age of the victim was found to be 18 years and 8 months, as such, Section 4 of the POSCO Act was deleted and Section 6 has been added. The statement of the child victim was got recorded by producing her, before the Court of learne