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Judgment
Anoop Chitkara, J
FIR No.
Dated
Police Station
Sections
138
16.04.2022
Agroha, Distt. Hisar
342 & 377 IPC, 67-A Act, 2008 and 4 & 6 of POCSO Act, 2012, during investigation Sections 147, 149 & 506 IPC and 67-B of IT Act added and 67-A of IT Act deleted
The petitioner, incarcerating upon his arrest in the FIR captioned above, came up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.
The petitioner is silent about criminal antecedents.
Petitioner’s contention is that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.
State opposes the bail
REASONING:
The complainant’s father informed the police that two boys of the village namely Arvind and Asmit forcibly sexual act with his minor son and based on such allegations the police arrested the accused. In their disclosure statements they implicated the petitioner as the person who was instigating them to do sex with the victim. Perusal of the impugned order dated 06.09.2022, passed by the Special Court, Hisar, reveals in para 9 that there was a video recording clip of sexual act which was circulated by the accused. It has further been mentioned that the accused was guarding the room where the other accused was committing sexual act and he was instructing other accused to do the same. It has further been mentioned that the petitioner is identifiable in the said video. Given above and perusal of the bail petition and the documents attached, primafacie points towards the petitioner’s involvement and given the gravity of offence, does not make out a case for bail. Any further discussions are likely to prejudice the petitioner; this court refrains from doing so.
Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments.
Petition dismissed. All pending applications, if any, stand disposed.
Trial is expedited. It is clarified that in case, the petitioner seeks adjournment the order of expediting the trial shall be recalled without any further reference to this Court.