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VIKAS MAHAJAN
Varun Arya – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Vikas Mahajan, J. The present petition has been filed under Section 439 Cr.P.C. seeking regular bail in connection with FIR No. 64/2023 under Sections 376/506 IPC and Section 6 of POCSO Act, registered at P.S. K.N. Katju Marg, Delhi.
2. The case of the prosecution is that Ms. `G' (mother of victim) made a complaint on 01.02.2023, alleging that she had started living separately from her husband (the petitioner/accused herein) w.e.f. April, 2019.
3. When the complainant left her matrimonial house, both her children, a minor son and a minor daughter, were residing with their father i.e. the petitioner herein. On 12.05.2019, her daughter (victim) left her father's house and shifted with her mother in the rented accommodation, wherein her mother was residing. When the victim left the petitioner's house, the petitioner/accused would visit the complainant's rented accommodation in the absence of the complainant, to meet their daughter.
4. On 13.01.2023, the victim disclosed to her mother (complainant) that on 11.05.2019, when the victim was at her father's house and no other member was present, the petitioner (father) took off his clothes and molested the victim under the influ
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 main legal point established is that the court must consider the real-life considerations and the impact of Section 29 of the POCSO Act when assessing bail applications in cases involving sexual ....
The court considered the seriousness of the allegations, inconsistencies in statements, and delay in filing the FIR in granting bail to the applicant.
Bail granted in POCSO case of consensual relations and pregnancy between minor victim and accused living as spouses, post-investigation, balancing bail principles with case's social context of adoles....
Bail denied in heinous POCSO offence involving minor rape due to prima facie case, accused's absconding history risking flight, and no undue trial delay despite charge-sheet and witness examination.
The court emphasized the need to balance the presumption of guilt under POCSO Act with the right to bail, considering the stage of trial and the applicant's circumstances.
Bail should not be granted in grave offences against minors.
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