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DELHI HIGH COURT
MANOJ KUMAR OHRI
M (Minor) – Appellant
Versus
State of NCT Delhi – Respondent
| Table of Content |
|---|
| 1. bail application considerations and arguments. (Para 1 , 2 , 3 , 4) |
| 2. factual details of the alleged incident. (Para 6 , 7 , 8) |
| 3. court's decision on bail based on irregularities. (Para 9) |
| 4. court's final order and instructions. (Para 10 , 11 , 12) |
JUDGMENT
(VIA VIDEO CONFERENCING)
Manoj Kumar Ohri, J. The present petition has been filed under Article 227 of the Constitution of India read with Section 439(2) Cr.P.C. on behalf of the petitioner/complainant assailing the order dated 19.08.2020 passed by the learned Additional Sessions Judge-06, Special Court (POCSO), Shahdara District, Karkardooma Courts, New Delhi in SC No. 274/19, whereby respondent No. 2/accused was released on regular bail in FIR No. 127/2019 registered under Sections 376/506 IPC and Section 4 of the POCSO Act at P.S. Jyoti Nagar, Delhi.
2. Mr. Ashish Kumar, learned counsel for the petitioner, submitted that the bail has been granted to respondent No. 2 on extraneous reasons. He further submitted that the child victim had alleged that after committing the offence, respondent No. 2 had threatened her not to report the incident to the police and also gave her life threat. It was also submitted t
The court emphasized the necessity of adhering to procedural rules in bail hearings, especially in cases involving minor victims, finding the bail grant to be unjustifiable and flawed.
The court emphasized the importance of considering the prima facie evidence and the nature of the offense under the POCSO Act in deciding on bail applications.
Grant of Bail - Allegations, insofar as the present applicant is concerned, relate only to giving of beatings to the child victim and her being deprived of food. Moreover, from the said statement, no....
Consistency and credibility of allegations, lack of parity with co-accused, and potential threat of witness influence or evidence tampering are crucial factors in bail decisions in cases involving se....
(1) Bail – Mere filing of charge-sheet does not, by itself, preclude consideration of application for bail.(2) Bail granted without due consideration of material factors warrants interference – In of....
Bail cannot be granted in sexual assault cases against minors without significant scrutiny of charges and evidence; serious errors by the High Court necessitated cancellation.
Bail Application - Offence of sexual assault - Mere non-filing of charge sheet cannot be a ground for rejection of the bail, especially when no evidence has been brought on record to keep accused beh....
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