The court emphasized that bail cannot be granted in serious offenses under POCSO without compelling evidence, affirming the trial court's exclusive role in evaluating guilt.

JUDGMENT :

Virender Singh, J.

Applicant Dharam Singh has filed the present application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, (hereinafter referred to as ‘the B.N.S.S.’), for releasing him on bail, during the pendency of the trial, in case FIR No.10 of 2024, dated 22.03.2024, registered with Women Police Station, Una, District Una, H.P., under Section 376 of Indian Penal Code (hereinafter referred to as ‘the IPC’), and Section 4 of Prevention of Children from Sexual Offences, (hereinafter referred to as ‘POCSO Act’,).

2. According to the applicant, he is innocent person and has falsely been implicated, in this case. According to him, the investigation, in the present case is complete.

3. The police is stated to have submitted the charge sheet, upon which, the competent Court of law has taken the cognizance, charges have been framed and the case has been listed for PWs and child victim has been examined.

4. Highlighting the statement of the child victim, which she had made before the Court of learned Special Judge, Una, it has been prayed that the statement of the child victim does not inspire confidence.

5. Relying upon the medical report of the child victim, as well as, report of the RFSL, it has been pleaded by the applicant that the allegations of the child victim stand falsified.

6. The applicant has termed the case of the prosecution, as false. In addition to this, the statement of PW-3, has also been relied upon to take benefit of bail by pleading that said witness, when appeared in the witness box, has turned hostile. The applicant has also annexed the copies of the statements of friend of the child victim, PW-5, as well as, child victim.

7. The applicant, has earlier tried his luck by moving similar bail application before the Court of learned Special Judge, Una, but, the same was dismissed vide order dated 03.12.2024.

8. Apart from this, learned counsel appearing for the applicant has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial.

9. On the basis of the above facts, a prayer has been made to allow the bail application.

10. When put to notice, the police has filed the status report disclosing therein, that on 22.03.2024, the complainant (name withheld), alongwith her brother and child victim appeared before the police and moved the complaint, mentioning therein, that she used to perform religious rituals in ‘Mata Sheravali Temple’ at place ‘X’ (name withheld). The child victim is her daughter, aged about 12 years and she is studying in Government Middle School ‘Z’ (name withheld).

10.1. According to the complainant, a day prior to making of the complaint, the child victim had gone to her friend’s house, and the child victim had told the complainant that she will come back after 2-3 hours. When the complainant tried to contact her daughter on phone, the child victim had not picked up her call. After sometime, she called back and told that the father of her friend i.e. the applicant, had done wrong act with her. Thereafter, complainant and her brother took the child victim back to their home, where, she had disclosed all the facts of the incident.

10.2. On the basis of the above facts, police has registered the case under Section 376 of IPC and Section 4 of POCSO Act. On 22.03.2024, statement of the child victim was got recorded under Section 161 of Cr.P.C. in the presence of her mother. On 22.03.2024, medical examination of the child victim was conducted in Regional Hospital, Una and doctor had deferred the final opinion, till the receipt of the FSL report. The physical evidence so collected, by the police, was also taken into possession. On 22.03.2024, the applicant was arrested and he was also medically examined. The physical evidence, so collected, by doctor, was handed over to the police and the same was sent to RFSL, Dharamshala.

10.3. During the investigation, the documentary proof