HC reject bail in POCSO
JKUT (Jammu), December-11-2021-( JNF):- Justice Rajnesh oswal of Jammu & Kashmir and Ladakh High Court rejected the bail application of one Sandeep Singh involved in minor rape case.
Accoridng to the police case that on 11.02.2021, complainant lodged a written report at Police Post, Talab Tillo, Jammu that on 10.02.2021, her minor daughter, named withheld, a student of 11th standard of Government Higher Secondary School, Nowabad, Talab Tillo, Jammu had gone to school but did not return back. Later on it came to her knowledge that her minor daughter had been kidnapped by the petitioner by using his Scooty. On the basis of this information, FIR bearing No. 26/2021 was registered under Section 363 IPC. The girl was recovered from possession of the petitioner from Pathankot and he was arrested. During the further investigation, the medical of the victim girl was got conducted from Government Hospital, Sarwal and also her statement was recorded under Section 164 Cr.P.C. and after the conclusion of the investigation, the charge-sheet for commission of offences under Section 363, 376 IPC, 84 of Juvenile Justice Act and 3/4 POCSO Act stands filed against the petitioner.
Justice Rajnesh Oswal after hearing Adv Raghbir Singh for the applicant whereas AAG Aseem Sawhney for the UT and Adv Sanjeev Padha for the victim party observed that it is evident that there are very serious charges against the petitioner of abducting/kidnapping a minor girl and committing rape upon her and the matter is pending before the trial Court and the statements of the witnesses are yet to be recorded. With these observations Court does find any reason, whatsoever, to grant bail to the petitioner. As such, the present bail application is found to be misconceived and the same is dismissed. JNF