Back
DELHI HIGH COURT
PURUSHAINDRA KUMAR KAURAV
Bharat – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. application details under cr.p.c. (Para 1) |
| 2. applicant's claims vs. prosecution evidence (Para 2 , 3) |
| 3. court's analysis considering bail (Para 4 , 6) |
| 4. bail rationale under current circumstances (Para 5) |
| 5. bail order issuance and conditions (Para 7 , 8 , 9) |
JUDGMENT
1. This is the application under Section 439 of the Code of Criminal Procedure, 1973 (in short, Cr.P.C.) in connection with FIR No.517 of 2022 for the offences punishable under Sections 363/366/376/323/384 of the Indian Penal Code, 1860 (in short, IPC) and Section 06 of the Protection of Children from of Sexual Offences Act, 2102 (in short, POCSO Act).
2. Learned counsel appearing on behalf of the applicant submits that the applicant is in judicial custody since 01.06.2022. According to him, the applicant is innocent and has been falsely implicated in the instant case. The prosecutrix in the instant case is a niece of the applicant. The applicant is aged about 19 years and the applicant being under bona fide believes that the prosecutrix is also major and has developed friendly relations with her. While placing reliance on various WhatsApp chats and photographs, he states that the prosecutrix was
The court ruled that even if there appears to be consent, charges under IPC cannot be disregarded if the prosecutrix is underage, but bail is granted due to completed investigation and no prior crimi....
The court considered the statement of the prosecutrix, completion of police investigation, and the young age of the petitioner in granting bail under Section 439 Cr.P.C.
The credibility of evidence, especially in cases involving sexual offenses, and the evaluation of prosecutrix's testimony are crucial in determining the grant of bail.
An accused is entitled to be released on bail if he has been in detention for a considerable period, the charge sheet has been filed, and the trial would take considerable time to conclude.
The consensual nature of a relationship and the age of the prosecutrix are crucial factors in considering bail applications in cases involving charges under the POCSO Act.
Point of Law : 7. Petitioner cannot be kept behind bars for an unlimited period, as investigation is complete and challan stands presented in learned trial Court, fact that petitioner is neither in a....
POCSO Act – Grant of Bail - Love affair with the prosecutrix and entire story of prosecution that he kidnapped the prosecutrix and raped her, is concocted.
Point of Law : POCSO – Grant of Bail - Love affair between the petitioner and the prosecutrix and their marriage is likely to take place in near future.
The court considered the consent of the prosecutrix and her father, the solemnization of marriage between the applicant and the prosecutrix, and the possibility of delay in the conclusion of the tria....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
