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DINESH KUMAR SHARMA
Vikramjeet Singh @ Vicky @ Tannu – Appellant
Versus
State (NCT of Delhi) – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. This is an application seeking interim bail in case FIR No. 699/2016 registered at PS Govindpuri under Section 323/376 IPC and Section 6 POCSO. The interim bail is sought on behalf of the petitioner for 10 days on the ground of marriage in the close family from 08.02.2023 to 10.02.2023.
2. Learned counsel for the petitioner submits that the petitioner was earlier granted interim bail twice and the liberty was not misused by him.
3. Learned APP for the State has opposed the bail application on the ground that the marriage ceremony is of the cousin sister.
4. Learned counsel for the complainant submits that the probability of the petitioner absconding is very high and therefore, the petitioner may not be released on bail.
5. I have considered the submissions of the parties. The factum of the marriage in close family of the petitioner has already been verified by the learned Trial Court.
6. In the totality of the facts and circumstances, the petitioner be admitted to bail for 10 days i.e. till 17.02.2023 on furnishing a personal bond in the sum of Rs.20,000/-, with one surety of the like amount to the satisfaction of learned Trial Court
The court has the discretion to grant interim bail based on the specific circumstances of the case, including the fact of the marriage in the close family.
The court established that the gravity of criminal charges and public safety concerns can outweigh personal circumstances when considering interim bail applications.
The court has the discretion to grant interim bail to an accused, subject to conditions to ensure their availability and prevent them from committing any offenses or intimidating witnesses.
The purpose of bail is reformative, allowing participation in significant family events, and denial should not be punitive.
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