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PRATEEK JALAN
Mohit Kumar – Appellant
Versus
State NCT of Delhi – Respondent
ORDER
Prateek Jalan, J.—By way of this application under Section 439 of the Code of Criminal Procedure, 1973 [“CrPC”], the applicant [hereinafter referred to as “P”] seeks regular bail in connection with FIR No. 254/2021, dated 15.09.2021, registered at Police Station Hauz Qazi, under Section 354A of the Indian Penal Code, 1860 [“IPC”] and Section 10 of the Protection of Children from Sexual Offences Act, 2012 [“POCSO Act”].
Facts
2. FIR No. 254/2021 was registered at Police Station Hauz Qazi on 15.09.2021 on the complaint of the applicant’s wife [hereinafter referred to as “G”]. The FIR originally mentioned offences under Section 354A of the IPC and Section 10 of the POCSO Act. P was arrested on 16.09.2021. Following G’s statements under Sections 161 and 164 of the CrPC, Section 376 of the IPC and Section 6 of the POCSO Act were added. After investigation, the charge sheet was filed, and charges under Sections 354A, 376 and 506 of the IPC and Sections 6 and 10 of the POCSO Act have been framed against P on 24.11.2021.
3. The allegations in the FIR are as follows:—
(a) G was married to P on 14.12.2016. They had a daughter [hereinafter referred to as “M”] on 11.11.2017.
(b) Al
The court considered the seriousness of the allegations, inconsistencies in statements, and delay in filing the FIR in granting bail to the applicant.
The court considered the seriousness of the offences alleged, the threat posed by the accused, and the applicability of Section 29 of the POCSO Act in determining the grant of bail.
The court considered the impact of Section 29 of the POCSO Act on bail applications after framing of charges, and emphasized the need to balance the rights of the accused and the protection of childr....
The court emphasized the need to evaluate the credibility of evidence, scrutinize the victim's statement with caution, and consider the impact of Section 29 of the POCSO Act in bail matters.
The court emphasized the importance of prima facie evidence, seriousness of allegations, and potential threat to the victim and witnesses in deciding on bail applications.
Bail should not be granted in grave offences against minors.
The judgment establishes the importance of considering statutory provisions, amendments, and the sensitivity required in cases involving allegations against a minor victim, while also acknowledging t....
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