The court emphasized that the serious nature of charges under the POCSO Act and the presumption of guilt necessitate caution in granting bail, especially in light of the petitioner's conduct while in custody.

JUDGMENT :

(Alka Sarin, J.)

This is the third petition for grant of regular bail to the petitioner in FIR No.0161 dated 16.12.2022 under Section 376(2)(n), 506 of the Indian Penal Code, 1860; Section 201 of the Indian Penal Code, 1860 and Section 6 of Protection of Children from Sexual Offences Act, 2012 (added later on) registered at Police Station Sardar Ahmedgarh, District Malerkotla. The first bail petition beings CRM-M-44786-2023 was dismissed as withdrawn on 31.10.2023. Though the first petition was dismissed as withdrawn, however, this Court vide order dated 31.10.2023 was constrained to initiate suo motu proceedings in public interest inasmuch as on 09.10.2023 during the pendency of the first petition, the counsel for the complainant had shown a video to the Court which was sent by the petitioner from the jail to the victim/prosecutrix wherein music could be heard and 2-3 boys could be sitting in room where there was also a Television (TV). The boys were seen eating and drinking in said video which was purportedly sent from a mobile No. 82649-69626 from jail where the petitioner was lodged. Thereafter, the call records of the said phone number were requisitioned, and various directions were passed from the time to time. Eventually, this Court took suo motu cognizance and directed that proceedings be initiated in public interest keeping in view the incident which had come to light. The second bail petition being CRM-M-16161-2024 was dismissed as withdrawn vide order dated 26.4.2024 with liberty to file afresh with better particulars.

2. Brief fact relevant to the present case are the FIR No.0161 dated 16.12.2022 was registered on the complaint of victim/prosecutrix, on a representation dated 30.09.2022, to the Senior Superintendent of Police, Malerkotla. It was alleged in FIR that in the month of June 2020, while the victim/prosecutrix pursuing a course of Parlour at Orane, Malerkotla when she was a minor, the petitioner herein in connivances with other accused persons, with an intention to molest her physically, started roaming near Orane, Malerkotla and he assured her that he was 70 Bighas of land and one big house at Kharar and that he would keep her happy after performing marriage with her. He also introduced her to his other family members. In January 2021 the accused persons called the victim/prosecutrix to their house and gave her tea after mixing some intoxicant substance in the same and after drinking which she become unconscious and thereafter the present petitioner forcibly raped her and also took objection photographs and made videos. He is alleged to have also committed unnatural sex with her. Thereafter, the accused persons blackmailed the victim/prosecutrix by showing her photos and videos and threatened her that they would put the same on social media and send it to her parents. They further told her that she should do IELTS and that they would bear her whole expenditure of sending her to Canada. In July 2021 she started doing IELTS from Trackers, Malerkotla. In February 2022 the petitioner herein took her to Village Pakhhowal, District Ludhiana where he forcibly committed rape with her. In March 2022 she is alleged to have become pregnant. However, the accused person took her to a Nursing home and thereafter an ultrasound scan was done by giving her some medicine the pregnancy was aborted. On an inquiry the age of the prosecutrix was found to be 17 years. It also transpired during investigation that the petitioner on the pretext of marrying victim/prosecutrix had physical relations with her and had kept her passport and Class 10th and 12th certificates also. Further, since the victim/prosecutrix did not agree to marry petitioner, he beat up her father, namely Avtar Singh and due to this incident FIR No.129 dated 29.09.2022 was registered under Sections 341, 323, 506, 427, 34 of Indian Panel Code, 1860 at Police Station Sardar Ahmedgarh, District Malerkotla.

3. Learned senior counsel appearing on behalf of t