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PRATEEK JALAN
Surya Prakash Pal – Appellant
Versus
State Of NCT Of Delhi – Respondent
JUDGMENT
Prateek Jalan, J. - The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].
1. By way of this application under Section 439 of the Code of Criminal Procedure, 1973 ['CrPC'], the applicant seeks regular bail in connection with FIR No. 126/2021, dated 25.02.2021, registered at Police Station Mundka, under Sections 377/34 of the Indian Penal Code, 1860 ['IPC'] and Section 6 of the Protection of Children from Sexual Offences act, 2012 ['POCSO act'].
Facts
2. The FIR was registered on the complaint of a 13 year old boy [hereinafter referred to as 'X']. The allegations in the FIR are as follows:
a. On the evening of 24.02.2021, X was approached by the co-accused child in conflict with law ['CCL'] [hereinafter referred to as 'R'], who has a stall selling eggs in the lane outside X's place of residence. R asked X to accompany him for playing Ludo.
B. Subsequently, R took X into the bushes where they were joined by the applicant [hereinafter referred to as 'S'], who is a truck driver.
C. R forcefully removed X's pants and committed a wrong act upon him from behind.
D. Subsequently, S took X to a truck and forcefully committed a wrong act upon
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 seriousness of the allegations, inconsistencies in statements, and delay in filing the FIR in granting bail to the applicant.
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 court emphasized that factors including the nature of the relationship, the victim's current age, and her willingness to support the accused can influence bail decisions in sexual offence cases.
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 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....
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