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DELHI HIGH COURT
SUBRAMONIUM PRASAD
Subhash – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. bail application facts and history. (Para 1 , 3) |
| 2. arguments regarding bail and evidence. (Para 4 , 5) |
| 3. court's reasoning against bail application. (Para 6 , 7 , 9) |
| 4. legal factors influencing bail decision. (Para 8) |
| 5. conclusion and future bail application. (Para 10 , 11) |
ORDER
1. This application filed under Section 4 39 Cr.P.C. is for grant of regular bail in FIR No.460/2016 dated 16.05.2016 registered in Police Station Hauz Khas under Sections 376 , 342, 354D IPC and Section 4 of the Protection of Children from Sexual Offence Act, 2012 (for short `POCSO Act').
2. Heard Mr. Naveen Tripathi, learned counsel appearing for the petitioner and Ms. Meenakshi Chauhan, learned APP appearing for the State.
3. The petitioner is accused of having committed rape on a minor girl. The complaint was filed on 16.05.2016. The petitioner was arrested on the same date. The petitioner got bail on 18.05.2016 from Juvenile Justice Board-II, Delhi. Since the petitioner was not a minor on the date of the offence, the case was transferred to the regular court and the petitioner was taken into custody on 03.09.2016 and since then he is stated to be in judicial custody.
4. Mr. Na
The court emphasized the gravity of allegations involving minors when considering bail applications, underscoring the assurance of justice and witness integrity.
The court has the discretion to grant bail based on the material presented and overall consideration of the case, without commenting on the merits of the case.
The Court's decision was influenced by the prosecutrix's statement and the lack of mention of the petitioner's name in the police statement, highlighting the importance of consistency and credibility....
Crime against women and children - Rape - Bail rejected - Statements of witness annexed with affidavit in support of bail-application are also sufficient together to show, the accused-applicant is ca....
Bail cannot be granted to accused who appears to be pervert.
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