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DINESH KUMAR SHARMA
Ravinder Kumar – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma,J.
1. Present petition has been filed under Section 439 Cr.P.C. seeking regular bail in FIR No.634/2021 dated 16.11.2021 registered under Section 376/506 IPC and Section 6 POCSO at PS Ambedkar Nagar, Delhi.
2. Briefly stated facts of the case are that the FIR was lodged on the statement of Ms.FK, it had been alleged that the complainant lives with her mother namely `simranjit kaur' and younger sister and she studies in 7th class. Her father `Tarandeep' died on 27th November, 2019 due to illness. After the death of her father, uncle Ravinder Kumar Yadav started visiting her house, whom her mother knew because she used to get medicines for her father's illness.She stated that she does not like Ravinder Kumar Yadav coming to their house and meeting her mother.On 2nd June 2020 around 6:00 p.m. he came to complainant's house to celebrate his birthday. The victim alleged that her mother had gone with her younger sister to buy cake and came back after about half an hour. In the meantime, she was alone at home with accused Ravinder Kumar Yadav who forcefully took off her clothes and forcefully put his private part in her private part and he also pressed the co
The court emphasized that at the stage of bail, the court cannot go into the detailed examination of the facts and should take a prima facie view, considering the gravity of the offense and the circu....
The court granted bail due to inconsistencies in the complainant's statements and insufficient medical evidence supporting the allegations of sexual assault.
Bail applications under serious charges involving minors require strong grounds for grant, especially when testimony is ongoing and credibility is in question.
The gravity of the allegations and the impact of pandemic conditions on trial delays influenced the court's decision to dismiss the bail application.
The main legal point established in the judgment is the presumption of innocence, the need to avoid indefinite incarceration without guilt being established, and the principles of bail as outlined in....
The gravity of the offences, the credibility of the victim's statement, and the possibility of the accused pressurizing the victim and tampering with evidence are crucial factors in determining bail ....
The main legal point established in the judgment is the consideration of the petitioner's role, antecedents, and responsibilities as a young mother in granting regular bail.
The court established that significant delays in filing an FIR, when unexplained, can be a critical factor in granting bail, especially in cases where the trial is expected to be prolonged.
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