Mangal Singh vs State Of H.P

Satyen Vaidya, J

By way of instant petition, the petitioner has prayed for grant of bail in case FIR No. 15 of 2023 dated 30.4.2023, under Sections 8 and 12 of Protection of Children from Sexual Offences Act, 2012 (for short, ‘the Act’), registered at Women Police Station, Solan, District Solan, H.P.

The male child victim in the instant case is about ten years of age. It is alleged against the petitioner that on 30.4.2023, at about 8.40 p.m., he committed sexual assault on the child victim and also sexually harassed him. The petitioner is alleged to have inserted his hand in the trouser of child victim and also to have uttered indecent words to him. The matter was reported to the police by the father of child victim on the same night and the petitioner was arrested. He is in custody since 30.4.2023.

It is contended on behalf of the petitioner that he is innocent and has been implicated in a false case. It is alleged that the petitioner has been victim of vengeance by person having inimical relation towards him. It is further submitted that the persons having enmity with petitioner have been named as alleged eye witnesses.

On the other hand, the prayer for bail has been opposed by learned Additional Advocate General on the ground that the petitioner is accused of very serious and heinous offence. Petitioner is a police personnel and if released on bail, there will be every likelihood of his influencing the prosecution witnesses.

I have heard learned counsel for the parties and have also gone through the record carefully.

The status report filed on behalf of the respondent-State reveals that the investigation is already complete and report under Section 173 Cr.P.C. is in the process of being submitted in the Court. No doubt, the accusations against the petitioner are serious and if proved may entail severe punishment, nonetheless such allegations are subject to proof. The entire case hinges upon oral evidence.

Pre-trial incarceration is not the rule. In view of the facts of the case, no fruitful purpose shall be served by allowing the petitioner to be kept in custody till the conclusion of trial. As noticed above, the report under Section 173 Cr.P.C. is yet to be submitted. The trial of the case is likely to take considerable time before conclusion.

Petitioner is permanent resident of Deonghat, Post Office Saproon, Tehsil and District Solan, H.P. and there is no likelihood of his absconding from the course of justice. The apprehension expressed on behalf of the respondent regarding likelihood of influence being exerted on prosecution witnesses, can be duly taken care of by putting the petitioner to appropriate terms.

Keeping in view the peculiar facts and circumstances of the case, petition is allowed and the petitioner is ordered to be released on bail in case FIR No. 15 of 2023 dated 30.4.2023, under Sections 8 and 12 of Protection of Children from Sexual Offences Act, registered at Women Police Station, Solan, District Solan, H.P., on his furnishing personal bond in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Solan or any other Judicial Magistrate, 1st Class stationed at Solan. This order shall be subject to following conditions: -

i) That the petitioner shall appear before learned trial Court on each and every date and shall not delay the trial.

ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

iii) That breach of any of the bail condition by the petitioner shall entail cancellation of the bail.

iv) That the petitioner shall not leave India without prior permission of the Court.

Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above.