Mohan v. State Rep By

A.D.JAGADISH CHANDIRA , J.

The petitioner, who was arrested and remanded to judicial custody on 19.04.2023, in connection with Crime No.5 of 2023 registered for the offences under Sections 341, 354D, 354C, 376(3), 506(ii) of IPC, Sections 5(1), 6 r/w 12 of POCSO Act, on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that the petitioner, aged 36 years, who is a married man with three children and the neighbour of the victim, by compelling the minor victim, aged 16 years, had committed penetrative sexual assault on her. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and an absolute false complaint has been given against the petitioner. He would further submit that the petitioner is in custody from 19.04.2023. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (crl.side) appearing for the respondent Police would submit that the petitioner, who is aged about 36 years and a married man having three children, had earlier induced and later, by threatening her, had committed penetrative sexual assault on her and he has also taken photos and videos of her and later, based on the photos and videos, he has continuously threatened her and committed penetrative sexual assault on her. He would further submit that the victim, aged 16 years, has also stated about the manner in which she was sexually abused and assaulted by the petitioner. Hence, he opposed for grant of bail to the petitioner.

5.Heard the learned counsel for the petitioner as well as the learned Government Advocate (crl.side) and perused the entire materials available on record.

6.Taking into consideration the facts of the case and the submissions made by the learned counsel on either side and also considering the gravity

of the offence committed by the petitioner, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 26.06.2023 vkr

A.D.JAGADISH CHANDIRA , J.

vkr 26.06.2023