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MANOJ KUMAR OHRI
Sonu Khatri – Appellant
Versus
State (GNCT Of Delhi) – Respondent
JUDGMENT
Manoj Kumar Ohri, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant seeking regular bail in FIR No. 492/2020 registered under Sections 376/506/34 IPC and Sections 6/17 of the POCSO act at P.S. Narela, Delhi.
2. Mr. R.N. Sharma, learned counsel for the applicant submits that the applicant is in custody since 17.11.2020 and the charge sheet having been filed, he is no longer required for any investigation. It is further submitted that the prosecutrix in the present case is the daughter of the applicant, who had filed the present complaint at the instance and at the behest of her mother with whom, the applicant has pending matrimonial dispute. It is submitted that the allegations levelled against the applicant are false and unbelievable. It is submitted that in the complaint it has been alleged that although the first incident is stated to have been committed in June, 2018, the present FIR came to be registered only on 16.11.2020. It is submitted that the allegation levelled by the child victim that the applicant alongwith his sister has shown her obscene video and thereafter committed offence of rape upon her, on the face of
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.
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....
The Court's decision was influenced by the prosecutrix's statement and the lack of mention of the petitioner's name in the police statement, highlighting the importance of consistency and credibility....
Crime against women and children - Rape - Bail rejected - Statements of witness annexed with affidavit in support of bail-application are also sufficient together to show, the accused-applicant is ca....
The court upheld the principle that serious allegations of sexual offenses, particularly those involving non-consent, are sufficient grounds to deny bail.
The specific allegation by the victim and the relationship of the petitioner to the victim were crucial in the court's decision to reject the bail application.
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