HIGH COURT OF JAMMU & KASHMIR

AT JAMMU

Bail App.89/2019

CrlM No.733/2019

Reserved on :17.09.2019

Pronounced on:20 .09.2019

Naresh Singh …… Applicant

Through:-

Mr. Achal Sharma, Advocate.

V/s

State of J&K

….Non-applicant

Through:-

Mr. Amit Gupta, AAG.

.

CORAM: HON’BLE MR. JUSTICE TASHI RABSTAN, JUDGE

JUDGMENT

Tashi Rabstan-J

1.

The applicant who is in judicial custody since 01.11.2018, has moved

this application seeking grant of bail in case FIR No. 400/2018, registered by

Police Station, Domana for allegedly committing the offense punishable

under section 12 of Protection of Children from Sexual Offences Act

(hereinafter to be referred as POCSO Act) and section 342 of Ranbir Penal

Code (hereinafter to be referred as RPC).

2.

The prosecution case in brief is that on 01.11.2018, the complainant

namely Bharat Bhusan Raina along with his wife lodged a written report at

P/S Domana stating therein that his daughter-presecutrix, 16 years old, is

studying in St. Xavier School Barnai and the accused Naresh Singh always

used to tease his daughter since 2016 and used abusive words to instigate her

2 Bail App 89/2019

for illicit relations. Many times, the accused used to forcibly sit with his

daughter in the Metador when she would go for tuition or school and always

misbehaved with her due to which she felt ashamed. The parents of the

accused were informed number of times about his activities and once they

made apology in writing. On 28.10.2018, when his daughter went to School

and alighted from the school van, the accused who was already there along

with his vehicle bearing registration No. JK02BQ-5672, forcibly pulled her

inside his car and molested her and also kept her inside his Car for more than

02 hours. The accused further threatened her that in case she raises cry he

will make her naked video and would upload the same on the internet. They

started search of her and when they reached near the School, accused on

seeing them pushed her outside of Car and fled away.

3.

The applicant has already filed application for grant of bail before the

learned Principal Sessions Judge, Jammu, which came to be dismissed on

29.05.2019, mainly on the ground that prima facie there are reasonable

grounds for believing that the applicant-accused has committed grave and

serious offence, which would evoke social disgust and social censure of the

act imputed. It is also observed while rejecting the bail that there is

possibility of accused tampering with the prosecution evidence and

absconding to avoid justice in the face of serious accusation of aggravated

sexual assault. Hence, the applicant is before this court praying for grant of

bail.

4. I have heard and considered the rival contentions of the learned counsel

appearing on respective sides and also perused the file.

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5. Learned counsel for applicant, to cement the case set up by applicant,

has submitted that the charges stands framed in the case and trial is already

commenced. Out of total nine witnesses, prime witnesses are already

examined including statement of prosecutrix has been recorded on oath

before the court and there is no question of tempering with the evidence or

threatening the witnesses. It is also stated that applicant-accused is pursuing

his Master Degree from University of Jammu, so there is no question of

absconding or jumping out of bail. He contends that the prosectrix along