In cases involving sexual offences against minors, the court must prioritize societal safety over individual liberty when considering bail applications.

JUDGMENT :

Virender Singh, J.

By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Prakash @Tillu has sought his release, on bail, during the pendency of the trial, in case FIR No.08 of 2024, dated 19.02.2024, registered under Sections 376, 354C and 506 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’), and Section 6 of the Protection of Children from Sexual Offences Act (hereinafter referred to as the ‘POCSO Act’), with Police Station Sunni, District Shimla, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated, in the present case, at the instance of the complainant.

3. As per applicant, he is in judicial custody for the last 11 months. According to him, he and victim are related to each other and are from same family. The accused, as well as, family of the child victim are also co- sharer in the property, which is jointly owned by both of them in the village.

4. It is the case of the applicant that in order to grab his share out of the said property, the present case has falsely been registered against him. According to him, he is the sole bread-earner of the family.

5. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Additional Sessions Judge, Fast Track Special Court (POCSO), Shimla, Himachal Pradesh (hereinafter referred to as the ‘trial Court’). However, the same was dismissed vide order dated 21.08.2024.

6. Apart from this, Mr. Gaurav Sharma, Advocate, learned counsel 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.

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

8. When, put to notice, police has filed the status report, disclosing therein, that on 18.02.2024, SI Hem Raj, IO, Police Station Sadar, had gone to DDU, Zonal Hospital, Shimla, to verify the factual position, as mentioned in Rapat No.59 dated 18.02.2024. When, the said fact was verified, it was found that the crime, as reported in the said rapat, has taken place in the area of Police Station, Sunni, upon which, vide Rapat No.20 dated 18.02.2024, matter was informed to Incharge, Police Station Sunni. Subsequently, Incharge/SHO, Police Station Sunni, along with other police officials, reached DDUZH, Shimla, where, the mother of the child victim got recorded her statement, disclosing that she is resident of the address, as mentioned in the statement. She has studied up to Class V and does farming while staying at home.

9. According to the complainant, her husband expired about 10 years ago and in her family, her elder daughter is 26 years old, younger daughter is 24 years old, younger son is 22 years old, younger daughter is 20 years old and the youngest daughter is 17 years old (child victim). Out of the above children, one daughter is residing with her real sister from her childhood. Her elder daughter is working in a private sector at Shimla for the last two years. The child victim after passing 10+2 in the year 2023 had taken admission in ITI, (name withheld), in Stenography course. She had started residing with her elder sister.

10. It is the case of the complainant that on 18.02.2024, her elder daughter telephonically informed the complainant that the child victim is complaining of pain in her stomach, upon which, the complainant had suggested some home remedies, but, when, no relief was found, then, she had suggested her elder daughter to take her to hospital. When, she was checked by the doctor in DDUZH, Hospital, it was apprised that the child victim is carrying foetus. She had given birth to female child. After delivery, the condition of the child victim was also stated to be not good and she is not in a position to speak.

11. According to the complainant,