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MANOJ MISRA, PAMIDIGHANTAM SRI NARASIMHA
Prashant Mishra – Appellant
Versus
State Of Haryana – Respondent
ORDER :
1. Leave granted.
2. The appellant was arrested on 11.10.2022 in connection with FIR No. 234/2022 registered at Police Station Women NIT Faridabad, Haryana filed under Section 6 of the Protection of Children from Sexual Offence Act, 2012 and Sections 384 and 506 of the INDIAN PENAL CODE , 1860. Thereafter his applications for regular bail were rejected by the Trial Court on 22.12.2022 and 24.05.2023. Ultimately by the order impugned before us, the High Court on 22.05.2024 rejected his bail application being CRM-M-31814 of 2023.
3. Heard the learned counsel appearing for the parties.
4. Having considered the matter in detail and taking note of the fact that the appellant has already undergone incarceration of about 2 years 2 months and the fact that there is no likelihood of the trial being concluded in near future, we consider it appropriate to release the appellant on bail subject to such terms and conditions as may be imposed by the Trial Court.
5. The appeal is allowed accordingly.
The age of the prosecutrix and the gravity of the crime are paramount considerations in determining bail for offences under Section 376 IPC and Section 6 POCSO.
The petitioner will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the I....
Court emphasized bail's necessity, evaluating individual circumstances and trial participation assurances in criminal proceedings.
Point of Law : Petitioner cannot be kept behind bars for an unlimited period, so petitioner may be enlarged on bail by allowing instant petition.
Anticipatory bail can be granted in a rape case if circumstance of the case so permit.
The court established that in cases involving minors, the victim's consent and relationship dynamics can influence bail decisions, provided that safeguards against potential harm are implemented.
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