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DELHI HIGH COURT
ANUP JAIRAM BHAMBHANI
Bijender Mehto – Appellant
Versus
GNCT of Delhi – Respondent
JUDGMENT
Anup Jairam Bhambhani, J.
By way of the present petition under section 439 read with section 482 of the Code of Civil Procedure 1973 (`Cr.P.C.'), the petitioner seeks regular bail in case FIR No.381/2020 dated 28.07.2020 registered under sections 363/366/376 of the Indian Penal Code 1860 (`IPC') and section 6 of the Protection of Children from Sexual Offences Act, 2012 (`POCSO Act') at P.S: Geeta Colony, arising from which he is presently undertrial in SC No.250/2021 before the learned Additional Sessions Judge (POCSO) East District, Karkardooma Courts, Delhi.
2. The petitioner has been in judicial custody since 01.03.2021.
3. Notice on this petition was issued on 05.12.2022. Status report dated 15.12.2022 has been filed in the matter.
4. Mr. Vikas Kumar, learned counsel for the petitioner submits that:
4.1. The genesis of the matter is a consensual relationship between the petitioner and `X' (name anonymised) who have known each other for many years, since they were in school together. The petitioner's date of birth is 18.02.2002 as per school records; whereas the date of birth of `X' is 12.11.2003 as per school records;
4.2. The petitioner's date of birth has bee
The court emphasized that factors including the nature of the relationship, the victim's current age, and her willingness to support the accused can influence bail decisions in sexual offence cases.
The importance of addressing allegations and societal context in bail decisions.
The court established that a romantic relationship's dynamics and the victim's age, when determined through ossification tests, might mitigate the gravity of charges under the POCSO Act, affecting ba....
The court considered the seriousness of the offences alleged, the threat posed by the accused, and the applicability of Section 29 of the POCSO Act in determining the grant of bail.
The main legal point established is that the court must consider the real-life considerations and the impact of Section 29 of the POCSO Act when assessing bail applications in cases involving sexual ....
Consent to accompany, wander or to have dinner and to stay in a room does not, in all eventuality, amount that there is consent of a girl or woman to have sexual intercourse.
The central legal point established in the judgment is the significance of evidence, age determination, and the presumption as to certain offences under the POCSO Act in the context of a bail applica....
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....
Consent to engage in a sexual relationship is not vitiated by a promise of marriage unless the promise is proven to be made in bad faith or with no intention to adhere to it from inception.
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