Badri Nath vs Union Territory of J&K

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(J&K) 489

Badri Nath – Appellant
Versus
Union Territory of J&K – Respondent

Advocates Appeared:
For the Appellant :Pranav Kohli, Advocate.
For the Respondents: Aijaz Lon, Dy. AG.

JUDGMENT :

Sanjay Dhar, J.

1. Through the medium of instant petition, the petitioner is seeking regular bail in FIR No. 40/2020 for offences under Sections 354-A/452/506 IPC and under Section 8 of POCSO Act registered with Police Station, Bari Brahamana.

2. The facts leading to filing of this petition are that on 25.02.2020, the police of Police Station Bari Brahmana received an order dated 22.02.2020 from the Child Welfare Committee, Samba wherein it was alleged that on 19.02.2020, the victim girl approached a Member of the Child Welfare Committee, Samba from Child line, Jammu and informed her that she was molested by her neighbourer and requested for immediate redressal of her grievance. On the basis of this, the concerned Member of the said Committee constituted a team to contact the child so as to listen to her grievance/complaint. On 22.02.2020, the mother of the victim girl along with the victim appeared before the Child Welfare Committee and she made a statement before the Committee. As per the story narrated by the victim girl to the aforesaid Committee, on 18.02.2020 at about 9 pm, the petitioner herein/accused, who happens to be the neighbourer of the victim, came to her hou