The accused should not be detained by way of punishment, but his presence should be readily available for trial.

JUDGMENT :

1. Applicant/accused indicted in case FIR No. 175/2021 registered with Police Station Ramban for commission of offences u/s 377 IPC & 3/4 POCSO Act has claimed bail on the grounds, that a false, frivolous fictitious and manipulated FIR on the basis of verbal version of one of the family members of the victim without any medical evidence has been registered as a counter blast to FIR No. 170/2021 registered with Police Station Ramban whereby two (2) members of the said family have already been booked for commission of offences u/s 8/20 NDPS Act in FIR No. 171/2021 and the final report prepared wherein one Amar Singh & Khem Raj sons of Bhagat Ram R/o Village Nagal Ganote Tehsil & District Ramban have been arrayed as accused, whereas Khem Raj S/o Partap Singh and Partap Singh S/o Sant Ram have been shown as witnesses; that the applicant/accused has been arrested for commission of offence u/s 377 IPC r/w 3/4 POCSO Act without any medical evidence; that the trial court has framed the charges against applicant/accused on 21-12-2021 and since then applicant is facing trial; that the applicant/accused moved bail application before the trial court on 27-10-2021 and on 10-02-2022 the said bail application was rejected by the trial court; that the alleged occurrence has taken place on 02-10-2021 but FIR has been registered on 18-10-2021 after a delay of 16 days which has remained unexplained; that the applicant/accused is inside the jail for the last more than four months and his educational carrier is seriously affected; that there is no mark of violence due to alleged act of sodomy committed by applicant/accused against victim; that the bail cannot be rejected as major of punishment; the fundamental right to life and personal liberty guaranteed under Article 21 of the Constitution of India deems to have been taken away; applicant/accused is a student and is only victim of enmity in the village; applicant has deeps roots in the society as he hails from reputed family, there is no possibility of his tempering the evidence or winning over the witnesses because the father of the victim in the case is complainant whereas one Neelam Singh brother of victim is another witness and all other witnesses are from police department, moreso, the applicant undertakes to abide by all the terms and conditions imposed by the court.

2. Status report/objections have been filed by the respondent No. 1 opposing the bail on the grounds, that on 03-10-2021 a written report was lodged by one Girdhari Lal S/o Amar Chand R/o Ganote Thatha Tehsil & Distt. Ramban against applicant/accused for committing an unnatural offence/sodomy and sexual exploitation of minor child namely Anil Singh (Victim) who is studying in BVM High School Ramban and residing in Ward No. 1 Ramban on rental accommodation. It is contended, that the said victim Anil Singh always use to go at applicant's house for learning Computer at Cafeteria Ramban, said Parshotam Singh on 02-10-2021 called the minor child for stay at his home and on assurance of his uncle, minor child agreed for the stay at his home, whereas during the night, applicant/accused harassed the minor child sexually and committed act of sodomy/unnatural offence upon him, whereby, applicant/accused threatened the minor child to be killed if he disclosed the incident to anyone. It is moreso contended, that applicant/accused has committed heinous crime on a minor boy which resulted in registration of FIR 175/2021 u/s 377 r/w 3/4 POCSO Act against applicant/accused, during investigation the medical examination of a victim was conducted, I/O seized the T-Shirt and Trouser of the victim, prepared the site plan, recorded the statement of witnesses u/ss 161/164-A Cr. P.C., obtained the date of birth certificate of minor victim and after arresting the applicant/accused on 18-10-2021 charge sheet was produced in the court of law on 13-12-2021, whereby the accused presently lodged in District Jail Udhampur.

3. Respondent No. 2 is the