AI Structured Summary
Not yet generated for this judgment
Judgment
Ajay Mohan Goel, J
By way of this bail petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of bail in FIR No.38 of 2020, dated 20.03.2020, under Sections 363, 366, 376, 506 of the Indian Penal Code and Section 6 of POCSO Act, registered at Police Station Hatli, District Mandi, Himachal Pradesh.
Learned counsel for the petitioner has argued that the petitioner is innocent, as he has been falsely implicated in the matter. According to him, the petitioner is not guilty of the allegations levelled against him and accordingly, he has prayed for grant of bail, as he is in custody since 26th May, 2020.
On the other hand, learned Deputy Advocate General has argued that taking into consideration the fact that the offences alleged against the petitioner are of grave and heinous nature and further as the petitioner is also the main accused, as per prosecution, the release of petitioner on bail, shall be a serious dent to the investigation as well hamper free and fair trial, because there is each and every possibility that in case the petitioner is released on bail, he may try to win over and influence the witnesses, as he is local resident of the area.
I have heard learned counsel for the parties and have perused the averments made in the bail petition as well as documents appended therewith.
The record demonstrates that the petitioner had earlier filed bail petition, under Section 439 of the Code of Criminal Procedure, which was rejected by the learned Additional Sessions Judge (Fast Track Special Court POCSO), Mandi, District Mandi, H.P., vide order dated 04.06.2020. Thereafter, the petitioner approached this Court for grant of bail by way of Cr.MP(M) No.953 of 2020, which was decided by this Court, vide order dated 17.07.2020, which is reproduced as under:-
"After making his submissions for some time, learned counsel for the petitioner submits that he may be permitted to withdraw this petition, however, with liberty to approach the Court afresh, if so advised.
The petition is dismissed as withdrawn, with liberty as prayed for. Pending miscellaneous applications, if any, also stand disposed of."
Learned counsel for the petitioner could not demonstrate any change in the circumstances from 17.07.2020 onwards, so as to order the release of the petitioner on bail, because this Court is of the view that taking into consideration the gravity of offences alleged against the petitioner and the fact that petitioner happens to be the main accused, who allegedly took the child/victim from the lawful guardianship of her parents in his vehicle, it is not a fit case for ordering the release of the petitioner on bail as this Court concurs with the submissions made by the learned Deputy Advocate General, that the petitioner being the local resident of the area, may win over or influence the witnesses, which may cause as an impediment in free and fair trial of the case. Accordingly, this petition is dismissed.