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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-52826-2023 Date of decision : 04.02.2025 MOHIT SHARMA ... Petitioner Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Inderjit Sharma, Advocate for the petitioner.

Mr. Harkanwar Jeet Singh, Asstt. A.G., Punjab.

Mr. S.K. Giberhan, Advocate for the complainant.

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JASJIT SINGH BEDI, J.

The prayer in the present petition under Section 439 of Cr.P.C. is for the grant of regular bail to the petitioner in case FIR No.232 dated 22.12.2021 (Annexure P-1) registered under Sections 305, 306 and 506 IPC, 1860 read with Section 8 of Protection of Children from Sexual Offences Act, 2012 at Police Station Mukerian, Tehsil Mukerian, District Hoshiarpur.

2. The brief facts of the case are that one Ravi Kumar son of Prema Rai gave an application to the Senior Superintendent of Police, Hoshiarpur against the petitioner-Mohit Sharma with the allegations that his (complainant's) family consisted of his wife Pritma Rai and two minor sons namely, Rahul Rai aged 17 years and Krishna Rai aged 10 years. His elder son who was a student of Class X had committed suicide on the night intervening 12/13.07.2021 by hanging. His suicide note dated 12.07.2021 had been recovered in which the name of the petitioner-Mohit Sharma had been repeatedly mentioned. Information was supplied to the local police on 13.07.2021 and a post-mortem examination had taken place. However, despite the police having been informed about the suicide note, no action was taken. Thereafter, the messages on the mobile phone of the deceased were checked and it was found that the petitioner was having illicit relations with his son (deceased) and was sexually exploiting him (deceased). On account of this harassment and threat at the instance of the petitioner, his (complainant's) son remain depressed. Another boy had also called up his (complainant's) son and had used bad words and had also threatened him (deceased). On being asked as to from where he (other boy) had received his (deceased's) phone number, the boy had named the petitioner. Due to this reason, his (complainant's) son was under depression on account of the harassment and physical exploitation at the hands of the petitioner. Despite making repeated applications, no action had been taken by the Investigation Agency.

As multiple applications had been given by the petitioner, an inquiry was conducted. It was revealed that the deceased was a friend of Mohit Sharma (petitioner) who was pressurizing the deceased to establish unnatural relations with him. Due to the said harassment, the deceased had committed suicide on the night intervening night

12/13.07.2021 by hanging. Thereafter, the instant FIR came to be registered.

3. The learned counsel for the petitioner contends that the allegations levelled against him are false, frivolous and vague. No prima facie case under Section 306 IPC etc. is made out. The case is based on hearsay evidence and there is no reference to an instigation, abetment or harassment on the part of the petitioner immediately before the date of the occurrence. One Varun Kumar @ Mithu who was having WhatsApp chats with the deceased had been exonerated during investigation. The suicide note is silent regarding the role of the petitioner. In fact, the WhatsApp chats would suggest a friendly relationship between the petitioner on the one hand and the deceased on the other. However, taking the allegations to be true, no offence under Section 8 of the POCSO Act was made out and the offence, if at all would be under Section 12 of the POCSO Act. An offence under Section 12 of the POCSO Act was bailable. As the petitioner was in custody since 29.06.2023 but only 05 of the 25 prosecution witnesses had been examined so far, the trial of the present case was not likely to be concluded soon and hence, the petitioner was entitled to the grant of bail. 4. On the other hand, the learned State counsel while referring to t