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DELHI HIGH COURT
SUBRAMONIUM PRASAD
Ram Sevak – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. overview of case details and background (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. court's analysis and reasoning for bail decision (Para 9 , 10 , 13 , 14 , 15) |
| 3. arguments for and against bail (Para 11 , 12) |
| 4. final order granting bail (Para 16 , 17) |
JUDGMENT
Subramonium Prasad, J. This is a petition under Section 4 39 CrPC praying for grant of regular bail in FIR No. 107/2017 registered at Police Station Sonia Vihar for offences under Section 363 , 366, 376 IPC, Section 4 and 6 of the POCSO Act read with Section 10 of the Prohibition of Child Marriage Act.
2. Briefly stated, a missing complaint was registered on 13.05.2017 where the complaint was given by the father of the victim i.e. Lal Chandra Maurya that his minor daughter has been kidnapped and she had been missing and last seen details were given in the complaint. Investigation was completed and did not result in a fruitful outcome.
3. It is stated that on 01.12.2020, the victim telephoned her mother stating that she had delivered a baby boy who was three months old and she revealed that she had been married for the last four years. This information was passed on to the Police, who landed in Madhya Prades
The court determined that a bail application can be granted when the victim confirms consensual cohabitation with the accused, and further detention is not in the best interest of the family.
The willingness of the victim in the marriage and the impact of the petitioner's custody on the victim and their children were crucial in the court's decision to grant bail.
The gravity of the offences, the credibility of the victim's statement, and the possibility of the accused pressurizing the victim and tampering with evidence are crucial factors in determining bail ....
Pre-trial incarceration is not rule.
The court considered the victim's conflicting statements, her age, and the circumstances of her marriage in granting bail to the accused, highlighting the importance of evaluating the totality of cir....
The court emphasized that the protection of minors is paramount and serious allegations of sexual offenses necessitate strict scrutiny against granting bail to accused, considering the trauma inflict....
The seriousness of the allegations, the age of the victim, and the petitioner's criminal antecedents are crucial factors in determining bail eligibility.
The consensual nature of the relationship, the age of the accused and the prosecutrix, and discrepancies in the statements given at different times are crucial factors in considering bail under POCSO....
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