ORDER

24.11.2022

1. Petitioner has moved this petition under Section 482 Cr.P.C seeking quashment of impugned order passed by the court of Principal District & Sessions Judge Leh Ladakh dated 09.08.2021 whereby the trial court has rejected bail to the petitioner in anticipation of his arrest in case FIR No. 06/2019 dated 10.07.2019 registered with Women’s Police Station Leh for commission of offences punishable under Sections 354/354-A RPC r/w Section 9/10 of POCSO Act. It is averred, that petitioner has been the president of the Ladakh Buddhist Association and because of his name and fame and intentions to join the politics he has been framed through the medium of some personal rivalry so that the petitioner may not be able to contest the elections; that the petitioner is commanding respect in the constituency of Leh & Kargil but has been framed in false, frivolous and baseless case to destroy his political carrier by planting the complainant so that he may be kept away from the politics for all times to come on the basis of baseless complaint, as a consequence of which the complaint got converted into full fledge charge-sheet laid by the respondent against the petitioner before the court at Leh; that the petitioner may kindly be admitted to bail in anticipation of his arrest by respondent and a direction may kindly be issued that in the event of the arrest of the petitioner by the respondent or any other private or public person, the petitioner may kindly be directed to be released on bail on such terms and conditions imposed by the Court; that on 10.07.2020 at around afternoon, complainant of the case presented herself in the Police Station with a written report to the extent that she is a student of Tata Institute and Social Sciences and in furtherance of her research after meeting the President of Ladakh Buddhist Association had to take his interview and in this context on 17.05.2019 she went to the President of Ladakh Buddhist Association office where the President (petitioner) inappropriately touched her with hand and hugged her with his body and kissed her whereby, the aforesaid FIR came to be registered against the petitioner; that as per the statement made by the complainant/victim before Police, petitioner has been indicted for commission of offences under Sections 354/354-A RPC which have been established against the accused/petitioner and charge-sheet laid against him under Section 354/354-A RPC r/w Section 9/10 of Jammu & Kashmir Protection Of Children from Sexual Offences Act 2018 (POCSO); that no reason has been given in the FIR report for delay in lodging the report and in recording the statement, but because of the political rivalry, an atmosphere of hostility has been created against the petitioner by spreading bad rumors against him whereby, the petitioner apprehends public lynching at the behest of the complainant & police and the interest of the petitioner would be protected only if he is allowed to face the trial in court of law after he is admitted to bail in anticipation of his arrest so that he may be able to defend his case; that the petitioner would cooperate and avail his presence before the trial court.

2. Mr. Mushtaq Ahmed Dar, learned counsel for the petitioner has vehemently argued and sought the bail in favour of the petitioner in anticipation of his arrest in a case FIR No. 06/2019 by projecting arguments, that the charge- sheet has been filed before the court of Principal District & Sessions Judge Leh Ladakh, absconding of petitioner from the case is not willful and deliberate but on the account of the fact that the petitioner is apprehending lynching at the behest of the complainant and police and offences indicted against the petitioner under Sections 354/354-A RPC r/w Section 9/10 of POCSO Act in case FIR No. 06/2019 do not carry punishment of imprisonment for life or death penalty. It is argued, that petitioner/accused is presumed to be innocent till guilt is proved against him, therefore,