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DELHI HIGH COURT
RAJNISH BHATNAGAR
Tej Ram Sharma – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. factual summary of allegations (Para 1 , 2 , 3) |
| 2. review of procedural matters (Para 4) |
| 3. arguments regarding bail and trial delays (Para 5 , 6 , 7 , 8 , 9) |
| 4. court's reasoning on bail grant (Para 10) |
| 5. conclusion and disposal of application (Para 11 , 12) |
ORDER
(VIA VIDEO-CONFERENCING)
Rajnish Bhatnagar, J. The present bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking bail in case FIR No. 438/2018 under Sections 376D/354D/354/506 IPC and Section 6 of POCSO Act, registered at Police Station Ranhola.
2. Briefly stated, the facts of the case are that on 18.7.2018 a case vide aforestated FIR was registered at P.S.Ranhola against Tejram Bhardwaj @ Pandit and Yogesh on the complaint of the prosecutrix Ms. P. It is alleged in the complaint that complainant was the neighbour of the accused Tejram Bhardwaj and her family got the place on rent with the help of accused in 2016, due to which, prosecutrix became familiar with accused Tejram and his family members, and she used to go at the residence of accused Tejram Bhardwaj. It is further alleged that accused to hold the hand of prosecutrix and use vulgar words whenever he found her alone
Accused may be granted bail when there are significant delays in trial, provided there is no risk of evidence tampering, despite serious accusations and improvements in witness testimony.
POCSO Act - Grant of Bail - Improvement in the testimony of the victim.
Bail applications under serious charges involving minors require strong grounds for grant, especially when testimony is ongoing and credibility is in question.
The seriousness of the allegations and the pending testimony of the victim's parents were key factors in denying the bail application.
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 seriousness of allegations and threats to the victim's safety are paramount in bail considerations, justifying denial when the applicant's personal circumstances do not outweigh these factors.
The gravity of the allegations and the impact of pandemic conditions on trial delays influenced the court's decision to dismiss the bail application.
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