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DINESH KUMAR SHARMA
Prince Nagar – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present application has been moved seeking grant of bail in case FIR No. 129/2023 under Section 323/341/354(D)/506/509 IPC read with Section 12 of POCSO Act and Sections 3(1)(r)/3(1)(s) SC & ST Act registered at PS Jait Pur.
2. The case FIR was lodged by Ms. XXX alleging therein that few days before the registration of the case the petitioner had offered to befriend her which was declined by the complainant. The complainant also blocked the petitioner on Instagram. It was further stated that before the registration of the present FIR, while the complainant was going to the school, petitioner was sitting in the gali and abused her in a filthy manner. Two days later, when the complainant was going to her friend's house, the petitioner intercepted the complainant and slapped and abused her. When the complainant asked the reason for slapping, the petitioner made the casteist remark and threatened her to leave or else he will give her more beating. After this incident, the FIR No.129/2023 was lodged at PS Jait Pur.
3. Learned counsel for the petitioner submits that the petitioner is only 19 years old and is in custody since April 2023. It ha
The court considered the grounds for granting bail, including the prima facie case, the possibility of the accused being away from the cause of justice, and the possibility of intimidating or threate....
The court considered the period of detention and the seriousness of the allegations in deciding to admit the petitioner to court bail.
The court considered the petitioner's personal circumstances, lack of criminal history, and completion of investigation as key factors in granting bail, while also taking into account the lack of opp....
The court has the discretion to grant bail, even in serious cases, subject to imposing appropriate conditions to ensure the safety and compliance of the accused.
The court considered the seriousness of the allegations and the petitioner's responsibility for four children in deciding the bail application.
The presumption of innocence and the requirement of substantial evidence are critical in bail proceedings, particularly in cases involving serious allegations under the IPC and SC/ST Act.
The court asserted the importance of considering age and gender in bail decisions, emphasizing that the Trial Court's failure to do so constituted grounds for granting bail.
Offence of voluntarily causing hurt - Grant of Bail - Petitioner is in custody for last 18 months. In view of present pandemic it is unlikely that trial will commence in near future. Keeping all thes....
Granting bail in cases involving serious allegations requires consideration of the specific circumstances and the need to await the appreciation of evidence by the trial court.
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