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NAVIN CHAWLA
Afsar Saifi alias Sonu – Appellant
Versus
State NCT of Delhi – Respondent
ORDER
This application has been filed seeking regular bail in FIR No.0013/2019 registered with Police Station: Old Delhi (Delhi Main) Railway Station under Sections 363/366/376/505/34 of the Indian Penal Code, 1860 (in short, ‘IPC’) and under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (in short, ‘POCSO Act’). The FIR was initially registered only under Section 363 of the IPC, however, on the statement of the victim, the other Sections were added thereto.
2. It is the case of the prosecution that on 27.01.2019, when the victim went along with her maternal grandfather to the Old Delhi Railway Station to catch a train to Lal Kuan, Uttarakhand, she went missing from the said station. Later, she was recovered from the Court premises at Meerut. In her statement under Section 164 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’), she stated that the accused had taken her on a false pretext of marriage to Meerut, from where they went to Haridwar, where he made physical relation with her, thereafter he brought her back to Meerut and left her at the Court premises. Based on the above allegations, the charge-sheet has been filed against the applicant an
Bail – Presumption under Sections 29 and 30 of POCSO Act cannot be applied in absolute terms to application seeking bail.
The presumption of guilt under the POCSO Act applies, and the significant age difference between the accused and the victim renders the alleged crime particularly heinous.
The right of the accused to rebut the presumption of guilt under the POCSO Act and the importance of analyzing foundational facts to trigger the presumption.
Point of Law : POCSO Act – Kidnapping and Rape – Grant Bail – Accused and victim have Prior acquaintance and love.
The central legal point established in the judgment is the significance of evidence, age determination, and the presumption as to certain offences under the POCSO Act in the context of a bail applica....
The court emphasized that bail should be denied in serious offences like rape, highlighting the severity of the charge, nature of evidence, and potential for witness tampering as critical considerati....
Bail – Courts have favoured release of young offenders on bail pending trial so that regressive influences of jail environment can be avoided and keeping in mind principle of best interest.
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