The court determined that bail could be granted during trial when co-accused have been released, despite concerns raised by the prosecution.

Virender Singh, Judge.

Applicant-Sanjeev Kumar @ Sanju has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’), for releasing him on bail, during the pendency of trial, arising out of FIR No.45 of 2024, dated 22.05.2024, registered under Sections 376, 354-A and 506 of the Indian Penal Code (hereinafter referred to

1 Whether Reporters of local papers may be allowed to see the judgment? Yes.

as the ‘IPC’) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘POCSO Act’), with Police Station Rakkar, District Kangra, H.P.

2. According to the applicant, he is innocent person and has falsely been impleaded by the Police, in this case, as he has nothing to do with the crime, in question.

3. The applicant has termed the case of the prosecution to be based on the wild imagination and hypothesis.

4. As per the applicant, the investigation, in the present case, is complete and he is no longer required by the Police for interrogation as charge-sheet has been filed in the competent Court of law.

5. The applicant has also tried his luck by moving the bail application, before the Court of learned Additional Sessions Judge, Fast Track Special Court (POCSO), Kangra at Dharamshala, District Kangra, however, his application was dismissed, vide order, dated 01^st April, 2025.

6. Apart from this, the learned counsel appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial.

7. On the basis of the above facts, a prayer has been made to release the applicant on bail, during the pendency of the trial.

8. When put to notice, the police has filed the status report, disclosing therein, that on 22^nd May, 2024, the child victim, who has been arrayed, in this application as respondent No.2, appeared before the Police, along with her paternal aunt (Bua) and moved a complaint, mentioning therein, that she is resident of the address, as mentioned in the complaint and studying in +2 class. She has given her age as 15 years 8 months.

8.2. According to the child victim, she was feeling pain in her stomach, as such, she disclosed this fact to her grandmother, as her mother left her with her grandmother, when she was a small kid. Thereafter, her grandmother disclosed this fact to her paternal aunt, who took her to place ‘X’ for getting her checked up. On 21.05.2024, she appeared before the doctor, who has disclosed her paternal aunt that the child victim is pregnant.

8.3. On inquiry, the child victim disclosed to her that in the month of January, 2024, Sanju (applicant) came to her house, along with her uncle (Chacha) and he has raped her in her house. Due to his fear, she has not disclosed this fact to anyone. According to her, she is carrying the foetus of applicant Sanju, who has raped her. Thereafter, she has prayed that action be taken against applicant Sanju.

8.4. On the basis of the above facts, the police registered the FIR, in question and the criminal machinery swung into motion.

9. During investigation, the child victim was medico-legally examined and the physical evidence, so collected by the doctors, was taken into possession. The pregnancy test of the child victim was found to be positive. Thereafter, her custody was given to her paternal aunt. Thereafter the applicant was arrested. He was also medico-legally examined and the physical evidence so collected was also taken into possession.

10. During investigation, on 23.05.2024, statement of paternal aunt of child victim was recorded and spot was visited at the instance of the