The main legal point established in the judgment is the need to balance the fundamental rights of the accused and the victim while considering the grant of bail in cases of sexual assault, and the importance of ensuring the safety and security of the victims and witnesses.

JUDGMENT

Index to the Judgment

A. Facts of the Case

B. Submissions of Applicant and State

C. Judicial Precedents

D. Considerations for Grant of Bail: Court's Opinion

Balancing Fundamental Rights of the Accused and Victim while considering Grant of Bail

E. Analysis and Findings

Innocent, consensual, teenage love relationship distinguished from sexual abuse under threat, pressure, blackmailing and violence

F. Conclusion and Concerns of the Court

G. Directions

Swarana Kanta Sharma, J. (Oral)

CRL.M.A. 12642/2023

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

BAIL APPLN. 1562/2023

3. By way of present application filed under Section 439 of the Code of Criminal Procedure, 1973 (`Cr.P.C.'), the accused/applicant seeks regular bail in case FIR bearing no. 130/2023, registered at Police Station Jahangir Puri, Delhi under Sections 328/376/506 of Indian Penal Code, 1860 (`IPC') and Section 6 of Protection of Children from Sexual Offences Act, 2012 (`POCSO Act').

A. Facts of the Case

4. The present FIR was registered on 22.01.2023 on the complaint of prosecutrix wherein she had alleged that she had met and had become friends with the applicant three years ago, after which, they had started talking to each other on phone and gradually had fallen in love with each other. It was alleged that one day in January-February, 2021, the applicant had called the prosecutrix to his house and when she had reached there, the applicant had offered her juice in a glass. It was alleged that after drinking the juice, the prosecutrix had become unconscious and upon gaining consciousness after an hour, she had found herself lying naked. The applicant had thereafter told her that he had made physical relations with her and had also videographed the same. It is also alleged that the applicant had threatened the prosecutrix to keep quiet, else he would post the pictures and videos on social media. Under such threat, the prosecutrix had continued to talk to him. It was further alleged that one year back, the applicant had again made physical relations with her and he was now forcing her to marry him by changing her religion. It was stated that on the day of lodging of present complaint, the applicant had thrown eggs and stones at her house. During investigation, the medical examination was conducted on 22.01.2023 and the statement of prosecutrix under Section 164 Cr.P.C. was recorded on 23.01.2023.

B. Submissions of Applicant and State

5. Learned counsel for present accused/applicant submits that applicant has been falsely implicated in the present case and the allegations leveled against him are vague in nature. It is stated that applicant and prosecutrix were known to each other for around three years and relations between them were consensual in nature. It is stated that the prosecutrix had also refused to undergo her internal medical examination. It is also stated that investigation in the present case is complete and charge sheet has already been filed. It is stated that applicant has no criminal antecedents and he has been in judicial custody since 22.02.2023.

6. Per contra, learned APP for the State argues that the allegations against the applicant are serious in nature and the prosecutrix has supported her case in statement under Section 164 Cr.P.C. It is stated that prosecutrix was minor at the time of incident. It is also stated that charges are yet to be framed and prosecutrix is yet to be examined before the learned Trial Court, and thus, no relief be granted at this stage.

7. This Court has heard arguments on behalf of both sides and has perused the material on record.

C. Judicial Precedents

8. In Prasanta Kumar Sarkar v. Ashis Chatterjee, (2010) 14 SCC 496, the Hon'ble Apex Court had laid down the factors to be considered while granting bail to an accused, which read as under:

"...It is well settled that, among other circumstances, the factors to be borne in mind while considering an application for bail are:

(i) whet