SURESH KUMAR KAIT
Devender Kumar @ Rahul – Appellant
Versus
State, Govt Of NCT Of Delhi – Respondent
JUDGMENT
Suresh Kumar Kait, J. - The hearing has been conducted through video conferencing.
1. Vide this petition, petitioner is seeking bail in FIR No. 496/2019, under Sections 363/376/342/506 IPC and Section 4 of Protection of Children from Sexual Offences Act, registered at police station Harsh Vihar, Delhi. Petitioner is stated to be in custody since 02.10.2019.
2. The case of the prosecution, as per the FIR, is that the complainant has alleged that a month prior to the incident, she had met the petitioner and became friendly with him. On 30.09.2019, he took her to a restaurant where they had chowmin and thereafter, they boarded a bus and when she asked as to where they were going, petitioner first said that they were just roaming about and after some time he asked her to remain quite or to face dire consequences. Thereafter, prosecutrix/complainant was taken to someone's house by the petitioner, where she met one uncle. Prosecutrix/complainant requested that Uncle to drop her to her house, to which he replied that she should first call her parents to get petitioner's parents released and thereafter only, she would be sent to her house. Prosecutrix/complainant has further alleged
Inconsistencies in the prosecution's case and lack of corroborative evidence can be considered in granting bail.
Inconsistent statements from the prosecutrix and lack of sufficient incriminating evidence justified the grant of bail to the accused, highlighting the necessity for a prima facie case for custody.
Grant of Bail - Offence of Sexual Offence and commit suicide - In view of different versions of prosecutrix forthcoming and other material placed on record like MLC, call detail record and in peculia....
The main legal point established in the judgment is the importance of evaluating the evidentiary value of the prosecutrix's statement for the purpose of granting bail, and the court's authority to ta....
The importance of addressing allegations and societal context in bail decisions.
Petitioner in the alleged offence, the bail petitioner cannot be enlarged on bail, as he can tamper with the prosecution evidence and also flee from justice.
Grant of Bail - Bail is not to be withheld as a punishment.
Point of Law : POCSO – Grant of Bail - Love affair between the petitioner and the prosecutrix and their marriage is likely to take place in near future.
The decision to grant bail was influenced by the prolonged custody, incomplete witness examination, discrepancies in the prosecutrix's statements, and the genetic evidence.
The significance of delay in filing the FIR, lack of supporting evidence, and voluntary actions of the complainant and the accused and his family are crucial factors in considering bail applications ....
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