The court emphasized that in serious criminal cases, particularly involving sexual offences, the gravity of the allegations and potential witness tampering are critical factors in bail considerations.

JUDGMENT :

Rakesh Kainthla, J.

1. 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. 24 of 2024, dated 05.12.2024, for committing offences punishable under Sections 64(2), 65(2), and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 6 of the Protection of Children from Sexual Offences Act (‘POCSO Act’) at Women Police Station BCS, Shimla, H.P. The petitioner isinnocent. He was falsely implicated due to a property dispute between the families of the victim and the petitioner. The victim’s maternal grandfather gave the petitioner's father five bighas of land, leading to a dispute. The petitioner has roots in the society and he is not likely to abscond. He is the sole breadwinner of the family. He 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 stating that she had visited her parental home on 30.11.2024 with her children. The petitioner is her cousin. The victim had gone to the petitioner’s house on 01.12.2024 and returned at 4:00 pm. She appeared to be frightened. The informant made inquiries from the victim but the victim did not reveal anything. The informant again made inquiries from the victim in the night and the victim disclosed that the petitioner had raped her. The informant was shocked and asked the victim again. The victim reiterated her earlier statement. The victim is aged 7 years and her date of birth is 11.08.2018. The police registered the FIR. The victim was medically examined and as per the report of the medical ofÏcer, the possibility of sexual assault could not be ruled out. The final opinion was reserved till the receipt of the report from FSL. The police arrested the petitioner and as per the report of the Medical OfÏcer, there was nothing to suggest that the petitioner was incapable of performing sexual intercourse. The victim disclosed that she had taken the photographs from the mobile of the petitioner. These were sent to FSL and as per the report, photographs and obscene data were found in the petitioner’s mobile phone. The petitioner’s photograph matched with the photographs found on his mobile phone. Another report from FSL shows that no blood or semen was found in the articles collected by the police from the spot. The petitioner had committed a heinous crime. The police have filed the charge sheet against the petitioner; hence, the status report.

3. I have heard Mr. Vaibhav Tanwar, learned counsel for the petitioner and Mr. Gautam Sood, learned Deputy Advocate General, for the respondent/State.

4. Mr. Vaibhav Tanwar, learned counsel for the petitioner submitted that the petitioner is innocent and he was falsely implicated due to a dispute over the land between the families of the victim and the petitioner. The report of analysis issued by the FSL does not corroborate the victim’s version regarding the rape as no blood or semen was detected in the articles sent to the FSL for analysis. The petitioner would abide by all the terms and conditions, which the Court may impose. Hence, he prayed that the present petition be allowed and the petitioner be released on bail.

5. Mr Gautam Sood, learned Deputy Advocate General, for the respondent/State submitted that the petitioner had raped a seven years girl who was related to him. The petitioner had breached the confidence reposed by the victim’s mother in him. The medical report does not rule out the possibility of sexual assault upon the victim. The obscene data was found in the mobile phone of the petitioner. These circumstances corroborate the version of the victim. The statements of the witnesses are yet to be recorded and the petitioner can influence the witnesses if released on bail; hence, he prayed that the present petition be dismissed.

6. I have given considerable thought to the submissions mad