In a bail application by an accused charged under POCSO Act and IPC sections, the Court dismissed the plea due to the gravity of the offence and threats made, despite the applicant's claim of false implication.
Bail application dismissed; accused to be produced to trial court.
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| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| BAI No.817 of 2021 Hon’ble R.C. Khulbe, J. Mr. Harshpal Sekhon, learned counsel for the applicant. Mr. V.S. Rathore, learned A.G.A. for the State. Accused–Sachin Chauhan has sought his release on bail in connection with Case Crime/FIR No.55/2021 u/s 354 ka (1), 506 IPC and u/s 7/8 of POCSO Act, registered at P.S. Ranipur, District Haridwar. It is argued that the accused has been falsely implicated; he is languishing in jail since 15.02.2021; there is no evidence against him; the allegation does not come within the purview of Sections 7/8 of POCSO Act; he is ready to furnish the sureties and may be granted bail. Per contra, learned counsel for the State opposed for bail. As per the FIR, a missing report was submitted on 13.02.2021 under Section 363 IPC with P.S. Ranipur, Haridwar; during the investigation the prosecutrix was recovered from Delhi; thereafter, she was produced before the J.M., Haridwar where her statement was recorded under Section 164 Cr.P.C.; as per her statement the accused teased her and used to send her whatsapp massages; ultimately, the prosecutrix has blocked his number; in spite of that, the accused threatened her for dire consequences and also threatened for kidnapping; due to this, the prosecutrix run away from her house; accordingly, looking to the gravity of the offence, it is not a fit case for bail at this stage. The bail application is thus, dismissed. Pending application, if any, stands disposed of. (R.C. Khulbe, J.) 06.10.2021 BS |
2 issues framed by the court
Whether the accused should be granted bail in a case involving offences u/s 7/8 of POCSO Act and 354 ka 506 IPC.
Whether the alleged false implication and lack of evidence constitute ground for bail in a serious child offence case.
Sachin Chauhan
State
R.C. Khulbe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
