01. Applicants, through the medium of present bail application moved U/S
483 BNSS seek grant of bail, in a case pending before Trial Court at Samba,
arising out of FIR No.28/2024 registered on 24.01.2024 at P/S Samba, for the
2026:JKLHC-JMU:446
commission of offences punishable under Sections 363/366/120-B/212 IPC,
read with Sections 3/4/17 of the Protection of Children from Sexual Offences
Act, 2012 (for short ‘POCSO Act’).
02. Facts as pleaded in the application, leading to the filing of the petition
are that on 23.01.2024, complainant/respondent no.3 moved an application
before SHO, Police Station, Samba that his granddaughter, had gone missing
and it has come to his notice that a boy namely Manish used to make phone
calls to her and has taken her with him. On this information, FIR No.28/2024
for commission of offence U/S 363 IPC was registered and investigation was
assigned to the IO, who went on spot, recorded the statements of witnesses,
obtained CDRs/SDRs of some suspicious mobile numbers and conducted
search of the girl; that during enquiry, one of the friends of accused namely
Surjeet Singh disclosed that on 30.01.2024, accused Sumit Kumar @ Manish
called him and told that he has run away with a girl and was in Amritsar; that
on further enquiry, a suspicious number was obtained which was being used by
one Joginder Singh R/O Amritsar; that house of said Joginder Singh was
searched and on enquiry, he stated that he had given shelter to the accused
alongwith the victim girl and his brother-in-law namely Swaran Singh had
brought both of them to his house; that during enquiry Joginder Singh further
disclosed that aunt of accused Sumit Kumar @ Manish namely Suman Devi
and his mother namely Nisha Devi were in direct contact with Sumit; that on
28.04.2024, IO arrested Suman Devi and Nisha Devi who during enquiry
disclosed that minor girl and accused Sumit are at Baddi Solan; that on
04.05.2024, the minor girl was recovered and arrested accused Sumit Kumar @
Manish.
