Back
MANOJ KUMAR OHRI
In The Matter Of: Sunita – Appellant
Versus
State Of NCT Delhi – Respondent
JUDGMENT :
MANOJ KUMAR OHRI, J.
1. The present bail application has been filed under Section 439 Cr.P.C. read with Section 482 Cr.P.C. on behalf of the applicant seeking regular bail in FIR No.368/2016 registered under Sections 370A(1)/372/323 IPC, Sections 4/6 of the POCSO Act and Section 5 of the Immoral Traffic Prevention Act, 1956 (hereinafter, referred to as the ‘ITPA’) at P.S. Bindapur, Delhi. Alongwith the application for regular bail, the applicant has also preferred an application seeking interim bail, being CRL.M.(BAIL). 868/2021.
2. After completion of investigation, the charge sheet in the instant case was filed under Sections 323/366A/370(4)/370A(1)/34 IPC, Sections 4/12/17 of the POCSO Act, Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Sections 4/5 of the ITPA.
3. Mr. Mohit Mathur, learned Senior Counsel appearing for the applicant, submitted that the applicant is in custody since 28.05.2016, and the charge sheet having already been filed, she is no longer required for any investigation. It was further submitted that 8 witnesses have already been examined and there are multiple contradictions qua the role of the applicant in the statem
Grant of Bail - Allegations, insofar as the present applicant is concerned, relate only to giving of beatings to the child victim and her being deprived of food. Moreover, from the said statement, no....
Consistency and credibility of allegations, lack of parity with co-accused, and potential threat of witness influence or evidence tampering are crucial factors in bail decisions in cases involving se....
Bail cannot be granted in cases involving serious allegations against parents without the child victim being examined and considering the potential for witness tampering.
The court emphasized the importance of considering the prima facie evidence and the nature of the offense under the POCSO Act in deciding on bail applications.
The court considered the lack of support from the victim and her mother, the prolonged detention of the accused, and the likelihood of a lengthy trial as grounds for granting bail.
The court emphasized the need to balance the presumption of guilt under POCSO Act with the right to bail, considering the stage of trial and the applicant's circumstances.
The gravity of the offences, the credibility of the victim's statement, and the possibility of the accused pressurizing the victim and tampering with evidence are crucial factors in determining bail ....
The court emphasized the necessity of adhering to procedural rules in bail hearings, especially in cases involving minor victims, finding the bail grant to be unjustifiable and flawed.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
