JUDGMENT :

Tashi Rabstan, J.

The applicant who is in judicial custody since 01.11.2018, has moved this application seeking grant of bail in case FIR No. 400/2018, registered by Police Station, Domana for allegedly committing the offense punishable under section 12 of Protection of Children from Sexual Offences Act (hereinafter to be referred as POCSO Act) and section 342 of Ranbir Penal Code (hereinafter to be referred as RPC).

2. The prosecution case in brief is that on 01.11.2018, the complainant namely Bharat Bhusan Raina along with his wife lodged a written report at P/S Domana stating therein that his daughter-presecutrix, 16 years old, is studying in St. Xavier School Barnai and the accused Naresh Singh always used to tease his daughter since 2016 and used abusive words to instigate her for illicit relations. Many times, the accused used to forcibly sit with his daughter in the Metador when she would go for tuition or school and always misbehaved with her due to which she felt ashamed. The parents of the accused were informed number of times about his activities and once they made apology in writing. On 28.10.2018, when his daughter went to School and alighted from the school van, the accused who was already there along with his vehicle bearing registration No. JK02BQ-5672, forcibly pulled her inside his car and molested her and also kept her inside his Car for more than 02 hours. The accused further threatened her that in case she raises cry he will make her naked video and would upload the same on the internet. They started search of her and when they reached near the School, accused on seeing them pushed her outside of Car and fled away.

3. The applicant has already filed application for grant of bail before the learned Principal Sessions Judge, Jammu, which came to be dismissed on 29.05.2019, mainly on the ground that prima facie there are reasonable grounds for believing that the applicant-accused has committed grave and serious offence, which would evoke social disgust and social censure of the act imputed. It is also observed while rejecting the bail that there is possibility of accused tampering with the prosecution evidence and absconding to avoid justice in the face of serious accusation of aggravated sexual assault. Hence, the applicant is before this court praying for grant of bail.

4. I have heard and considered the rival contentions of the learned counsel appearing on respective sides and also perused the file. 3 Bail App 89/2019

5. Learned counsel for applicant, to cement the case set up by applicant, has submitted that the charges stands framed in the case and trial is already commenced. Out of total nine witnesses, prime witnesses are already examined including statement of prosecutrix has been recorded on oath before the court and there is no question of tempering with the evidence or threatening the witnesses. It is also stated that applicant-accused is pursuing his Master Degree from University of Jammu, so there is no question of absconding or jumping out of bail. He contends that the prosecutrix alongwith her parents have manipulated the whole facts as statement made by her on oath that on 28.10.2018, when she went to School and alighted from the school van, the accused who was already there along with his vehicle forcibly pulled her inside his car and molested and confined her for two hours, is highly improbable for the reason that 28th of October, 2018 falls Sunday, and being Sunday there were no extra classes by the School Authorities to attend the tuition classes and neither any school buses were operated on that day. In support of his averment, applicant has produced the certificate issued by St. Xavier Convent School, wherein the Principal of school has certified that school never conducts any classes on Sunday. School buses also don’t operate on routes on Sunday.

6. The non-applicant State has filed the objections strongly opposing therein the prayer of the applicant by submitting that applicant-acc