The absence of supportive testimony from key witnesses can warrant the grant of bail in serious offenses.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

4 21-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.The petitioner seeks regular bail in Kochas Police Station Case No. 99 of 2025, dated 23-04-2025 registered under Sections 75 and 76 of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 .

3. The allegation against the petitioner is that being a co-villager he called the victim near a mango tree, made indecent remarks, forcibly opened the chain of her frock, touched her breast and attempted to outrage her modesty, whereupon the victim managed to escape and the incident was reported to the police through Dial 112.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. During course of arguments, learned counsel for the petitioner produced the depositions of PW’s 1 and 2, namely the victim and her mother respectively and submitted that the victim (PW-1) did not support the prosecution case during her examination. Similarly, the mother of the victim, Tetra Devi (PW-2), also did not support the prosecution version at trial. Lastly, it is submitted that the petitioner has been in custody since 24.04.2025 and one criminal case is pending against him, in which he has already been acquitted.

5. Learned Additional Public Prosecutor for the State has opposed the prayer.

6. Considering the evidence of the victim (PW-1) and her mother, the informant of the case (PW-2), this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-VI-cum-Exclusive Special Court, POCSO, Rohtas at Sasaram, in POCSO case no.

90 of 2025 arising out of Kochas P.S. Case No. 99 of 2025.

8. The application stands allowed.

(Khatim Reza, J)