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DINESH KUMAR SHARMA
Vikender Singh Yadav – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 2964/2023
Exemption allowed subject to all just exceptions.
Application stands disposed of.
BAIL APPLN. 363/2023
1. The present application has been filed under section 439 of Cr.P.C. seeking grant of regular bail in case FIR No. 398/2022registered at PS Vasant Kunj under Section 354 of IPC and Section 10 of POCSO Act.
2. Learned counsel for the applicant submits that the applicant has been in custody since 02.09.2022 and the charge-sheet has already been filed. It has further been submitted that the applicant is a Sub Inspector in CISF and has an unblemished record.
3. Learned APP for the state has opposed the bail application on the ground that the offense is serious in nature.
4. The Prosecutrix is present in person. I have talked to the prosecutrix in-camera.
5. In the present case, the FIR was lodged on 02.09.2022 wherein the victim stated that on a day before the registration of the present FIR, she was taught about the good touch and bad touch in the school. Thereafter she realised that on 05.12.2021 applicant had put his hands inside the clothes of the prosecutrix and had made a bad touch. The victim is around 11 years of age
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 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 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.
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.
The court considered the seriousness of the allegations and the petitioner's responsibility for four children in deciding the bail application.
The court considered the period of detention and the seriousness of the allegations in deciding to admit the petitioner to court 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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