The court emphasized that in serious offences, bail should be denied to prevent potential witness tampering and to uphold societal norms, particularly when prima facie guilt is established.

JUDGMENT :

Virender Singh, J.

Applicant-Vicky has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNS S ’), for releasing him on bail, in case FIR No.81 of 2024, dated 13.10.2024, registered under Sections 64 of the Bharatiya Nyaya Sanhita , (hereinafter referred to as ‘BNS’) and Section 6 of the Protection of Children from Sexual Offences Act, 2012, (hereinafter referred to as the POCSO Act’), with Police Station, Anni, District Kullu, H.P.

2. According to the applicant, the case of the prosecution is false and he is innocent person. In order to buttress his contentions, the applicant has pleaded that the child victim had never made any such allegations, during her life time, as applicant has also accompanied the child victim alongwith his father for her treatment.

3. It is the further case of the applicant that the marriage of the child victim with the applicant was likely to take place in near future, but prior to that she had expired due to respiratory problems. It is also the case of the applicant that the police and doctor forced the father of the child victim to report the matter.

4. According to the applicant, the case of the prosecution is too fragile and could not sustain the judicial scrutiny by the Court.

5. On the basis of the above facts, Shri Manoj Pathak, learned counsel appearing for the applicant has argued that the investigation in the present case is complete and the competent Court of law has taken the cognizance and the evidence of the father of the child victim has been recorded, who also even not supported the case of the prosecution. To substantiate his arguments, learned counsel appearing for the applicant has placed on record the copy of the statement recorded by the learned Additional Sessions Judge, FTSC (Rape/POCSO), Kinnaur at Rampur Bushahr on 22.02.2025. All these facts have been pleaded to seek the relief, as claimed, in the application.

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

7. Applicant had also tried his luck by moving the similar application before the Court of learned Additional Sessions Judge, Fast Track Special Court, Kinnaur at Rampur Bushahr, District Shimla, HP, however, the said application was dismissed, vide order dated 23.01.2025.

8. When, put to notice, the police has filed the status report, mentioning therein that the complainant got recorded his statement before the police disclosing therein that he is an agriculturists by profession. He was married about 23-24 years ago. He has been blessed with five children, four are girls and one is son. The child victim is his second daughter, who, according to him, is suffering from respiratory disease. The child victim came in contact with the applicant during fair at Anni. Thereafter, both of them have started meeting with each other and sometime applicant also came to their house. Two-three days prior to the date, when, he made the statement to the police, according to him, the respiratory disease of the child victim was aggravated, as such, she was taken to Anni hospital. The applicant, who came to their home four-five days prior to the said incident also accompanied him from Anni hospital and child victim was referred to Rampur, where, she remained admitted for three days and thereafter for further treatment, she was referred to IGMC Shimla.

8.1. On 12.10.2024, the complainant alongwith Vicky (accused), brought child victim to IGMC Shimla, where she was treated and certain tests were conducted. During her admission, the child victim disclosed that she is carrying the foetus of five months and he has named (accused) Vicky, as the person being source of the said foetus. During the treatment, child victim had expired.

8.2. Lastly, the complainant got recorded that the applicant in the month of May, 2024, forcibly developed illegal relations with the child victim, due to which, she w