SANDEED MEHTA
... – Appellant
Versus
IN RE: STATE OF ARUNACHAL PRADESH – Respondent
ORDER :
1. This case is a classic example of “The protector turning into the predator.”
2. This Suo Moto Criminal Petition for cancellation of bail was registered by this Court vide order dated 21.07.2023, after coming across the news articles published in two newspapers, namely “Purvanchal Prahari” and “The Arunachal Times” regarding grant of bail by the Special Judge, POCSO Act Cases, Yupia, Arunachal Pradesh, vide order dated 23.02.2023 to the accused/respondent Yumken Bagra.
3. Facts in nutshell, relevant and essential for disposal of this Suo Moto Cancellation of Bail petition are noted herein-below:
R. Rathinam vs. State (By DSP, District Crime Branch, Madurain District, Madurai) and Others
The judgment establishes that in cases involving serious allegations under the POCSO Act, strict compliance with procedural requirements is essential to protect the rights of victims and ensure a fai....
The court has the authority to cancel bail if the order suffers from serious infirmities resulting in miscarriage of justice, and if the accused misuses their liberty, interferes with the investigati....
The seriousness of the offense and the post-bail conduct of the accused should be considered while granting bail, and proper trial procedures, especially in cases involving child victims, must be fol....
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.
(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 – I....
The main legal point established in the judgment is that the grant of bail must be based on relevant considerations, and the heinous nature of the offence, statutory presumptions under the POCSO Act,....
The main legal point established in this judgment is that the informant/victim has an unbridled right to be heard in bail proceedings, even if they are not impleaded as a party. Non-compliance with S....
Bail should not be cancelled without clear evidence of violation of conditions or misuse of liberty, as established by the court's analysis.
The main legal point established is the need for sound reasoning and consideration of relevant factors in granting bail, especially in cases involving serious offences and statutory presumptions of g....
The main legal point established is the need for fair trial and protection of witnesses in cases involving sexual offences against children, especially under the POCSO Act.
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