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SUBRAMONIUM PRASAD
Rakesh Haldar – Appellant
Versus
State Govt Of NCT Delhi – Respondent
JUDGMENT
Subramonium Prasad, J. - This application under Section 439 Cr.P.C. is for grant of regular bail in FIR No.358/2019 dated 13.09.2019, registered at Police Station Kanjhawala, Delhi for offences punishable under Sections 363, 376, 366, 328 and 120B IPC and Section 6 of the POCSO Act.
2. On 13.09.2019, the mother of the victim registered a complaint with the Police Station Kanjhawal stating that her daughter, about seven years of age, who is studying in Government Middle School for Girls, B Block, JJ Colony, Sawada, Delhi, left home for school at about 7:30 AM on 26.08.2019 and has not returned back home. It is stated in the FIR that the victim had refused to go to the school. After being scolded she left for school. It is stated in the FIR that the complainant went in search of her daughter but she could not locate her. In the FIR it is stated that she doubts that a lady named Sikha has kept her daughter.
3. On the complaint, FIR No.358/2019 dated 13.09.2019, was registered at Police Station Kanjhawala, Delhi for offence punishable under Section 363 IPC.
4. On 03.10.2019, the complainant/mother along with the victim came to the Police Station and the complainant stated that her
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 willingness of the victim in the marriage and the impact of the petitioner's custody on the victim and their children were crucial in the court's decision to grant bail.
The court determined that a bail application can be granted when the victim confirms consensual cohabitation with the accused, and further detention is not in the best interest of the family.
The consensual nature of the relationship, the age of the accused and the prosecutrix, and discrepancies in the statements given at different times are crucial factors in considering bail under POCSO....
The court emphasized that the protection of minors is paramount and serious allegations of sexual offenses necessitate strict scrutiny against granting bail to accused, considering the trauma inflict....
Bail – Court should be circumspect in granting bail in POCSO cases.
The absence of evidence implicating the accused and unexplained delay in FIR lodging justified the granting of bail.
The gravity of the allegations and the impact of pandemic conditions on trial delays influenced the court's decision to dismiss the bail application.
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