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MUKTA GUPTA
X – Appellant
Versus
State (NCT Of Delhi) And Another – Respondent
JUDGMENT
Mukta Gupta, J. - By this petition, the petitioner seeks setting aside of the order dated 7th September, 2021 and the consequential cancellation of regular bail granted to the respondent No.2 by the learned aSJ, Fast Track Court, POCSO-1, Dwarka Court in FIR No. 457/2021.
2. The petition has been filed through the father/ legal guardian of the victim who is a female aged 37 years, suffering from bipolar mental disorder episodic mania and psychotic features since the year 2002 and was diagnosed to be suffering from the mental disorder in 2015 with mania shortly after her marriage. The same has also resulted in initiation of divorce proceedings between the victim and her husband.
3. Learned counsel for the petitioner assailing the impugned order states that despite the fact that the learned additional Sessions Judge called for the report of IHBaS on 18th august, 2021; 21st august, 2021; 1st September, 2021; and 6th September, 2021, however without waiting for the final report which was received on 15th September, 2021 passed the impugned order on 7th September, 2021 granting regular bail to the respondent No.2 who was arrested on 30th July, 2021. It is further stated that while
The seriousness of the offence, the mental condition of the victim, and the conduct of the accused are crucial factors in bail decisions, and the court must judiciously consider these aspects.
In assessing bail, courts must consider the seriousness of the offense, potential for witness tampering, and the mental state of the victim, emphasizing that bail should not undermine justice.
The court has the authority to cancel bail if the order suffers from serious infirmities resulting in miscarriage of justice, and if the accused misuses their liberty, interferes with the investigati....
Cancellation of bail requires very cogent and overwhelming circumstances, and the emotional impact on the victim can be a crucial factor in assessing the gravity of the offence.
Kidnapped and Rape - Bail granted - Under Section 439(2) of the new Code, a High Court may commit a person released on bail under Chapter XXXIII by any Court including Court of Session to custody, if....
Superior court interferes with bail grant only if order arbitrary, perverse or ignores material like offence gravity; distinct from cancellation for supervening circumstances.
Bail cannot be granted in sexual assault cases against minors without significant scrutiny of charges and evidence; serious errors by the High Court necessitated cancellation.
The main legal point established in the judgment is the need for supervening circumstances or conduct of the accused post grant of bail demonstrating that it is no longer conducive to a fair trial to....
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