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RAJNISH BHATNAGAR
Bablu – Appellant
Versus
State – Respondent
ORDER
Rajnish Bhatnagar, J.
1. This is a petition filed by the petitioner under Section 439 Cr.P.C. seeking regular bail case FIR No.210/2019, under Sections 376/506/511 IPC and Sections 6/12 of POCSO Act registered at PS Vijay Vihar.
2. In brief the facts of the case are that on 03.08.2019, the victim and her younger brother were at home when the petitioner, namely, Bablu who is the mama (Maternal uncle) of the victim sent the younger brother of victim to get some money from one Kalu bhaiya. After younger brother of victim left, the petitioner was alone at home with the victim, he started removing his clothes and also undressed the victim. It is alleged that the petitioner laid on her, inserted his finger into her private part and when she asked him to stop otherwise, she will tell her mother, the petitioner threatened to kill her and thereafter, left the spot. Subsequently, FIR No. 210/2019, under Sections 376/506/511 IPC and Sections 6/12 of POCSO Act was got registered at PS Vijay Vihar.
3. I have heard the learned counsel for the petitioner, learned APP for the State and perused the status report filed by the State.
4. It is submitted by the learned counsel for the pet
Serious allegations, minority of the victim, and familial relationship with the accused are relevant factors in deciding bail applications in cases involving sexual assault on minors.
The seriousness of the allegations and the pending testimony of the victim's parents were key factors in denying the bail application.
The seriousness of the allegations, cooperation in the investigation, and verification of the victim's age are crucial factors in considering anticipatory bail applications.
The court granted bail considering prolonged custody, the completion of witness examination, and the absence of necessity for further detention despite the severity of allegations.
The court granted bail to the petitioner, emphasizing the lack of corroborative evidence and the absence of prior criminal records, despite the serious allegations under POCSO.
The seriousness of allegations, age of the victim, victim's statements, and medical evidence are crucial factors in deciding bail applications in cases of sexual assault on minors.
The court considered the impact of Section 29 of the POCSO Act on bail applications after framing of charges, and emphasized the need to balance the rights of the accused and the protection of childr....
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....
Knowledge of impending violence must be demonstrated for conspiracy; mere association does not suffice to deny bail.
The presumption of guilt under the POCSO Act applies, and the significant age difference between the accused and the victim renders the alleged crime particularly heinous.
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