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RANJAN SHARMA
Makhan Din – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
RANJAN SHARMA, J.
Petitioner, Makhan Din has come up before this Court, seeking regular bail, under Section 439 of the Code of Criminal Procedure [hereinafter referred to as ‘Cr.P.C.’], originating from FIR No.260 of 2023, dated 22.08.2023, under Sections 363, 368, 376 and 120-B of the Indian Penal Code, and Sections 4 and 6 of the Protection of Children from Sexual Offences, 2012 [hereinafter referred to as ‘POCSO Act’], registered with Police Station [Sadar], District Chamba [H.P.].
FACTUAL MATRIX
2. The case set up by Mr. N.K. Thakur, Learned Senior Advocate assisted by Mr. Divya Raj Singh and Mr. Karan Veer Singh, Advocates, is that a complaint was got registered at the behest of one Smt. Mir Bibi on 22.08.2023, leading to the registration of FIR No.260 of 2023 in Police Station [Sadar], Chama, District Chamba [H.P.], alleging that the bail petitioner [Makhan Din] and Alam had kidnapped their daughter [X], aged 14 years, on 19.08.2023 during day time. It was alleged in the complaint that the complainant [Mir Bibi] came back to her home, for lunch, as she was employed in MNAREGA, she was told by her younger daughter that the bail petitioner [Makhan Din] and his brother Al
Bail should not be granted in grave offences against minors.
The court emphasized that the severity of the crime and potential interference with the investigation justify the denial of bail, aligning individual liberty with societal safety.
Bail denied in heinous POCSO offence involving minor rape due to prima facie case, accused's absconding history risking flight, and no undue trial delay despite charge-sheet and witness examination.
The court emphasized that bail should be denied in serious offences like rape, highlighting the severity of the charge, nature of evidence, and potential for witness tampering as critical considerati....
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.
In sexual offence bail applications involving minors, DNA evidence excluding accused paternity, combined with prolonged detention, recorded victim testimony, and conditional safeguards against tamper....
The presumption of innocence, the discretion of granting bail, and the need for a humane approach in bail decisions were central legal principles established in the judgment.
The severity of the accusations, the impact on the victim, and the likelihood of witness tampering are crucial factors in determining bail applications in cases involving heinous offences such as rap....
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