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SANJAY DHAR
Vinod Kumar – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
1. The petitioner has sought bail in a case arising out of FIR No. 136/2020 for offences under Section 363 IPC and Sections 4 and 5 of the Protection of Children from Sexual Offence Act, 2012 (for short the POCSO Act) registered with Police Station, Billawar.
2. As per the case of the prosecution, on 27.11.2020, father of the minor victim girl lodged a written report with Police Station, Billawar alleging therein that on 24.11.2020 accused Neeraj Kumar kidnapped his minor daughter, when she had gone to her school. On the basis of this report, the aforesaid FIR came to be registered and investigation was set into motion. During the investigation of the case, the statement of the victim under section 164 Cr.P.C. was recorded and she was medically examined. The victim stated that she has not been kidnapped and she also refused to go with her parents.
3. It appears that the complainant and his minor daughter filed a writ petition before the High Court seeking a direction for constitution of a Special Investigation Team(SIT) and to provide security to the minor victim and her family. In compliance to the direction of the High Court, SIT was constituted and thereafter, the statem
The court considered the statutory presumption of guilt operating against the accused in a case relating to an offence under the POCSO Act, the specific role of the accused in the alleged crime, and ....
The main legal point established in the judgment is the need to consider the specific circumstances of each case and apply the well-recognized principles for grant of bail, particularly in cases invo....
The statutory presumption of guilt under the POCSO Act can be rebutted during trial, and bail can be granted based on the specific facts and circumstances of each case.
Bail is a rule and rejection is an exception. The court must consider various factors, including the nature and seriousness of the offence, when deciding on bail in a non-bailable offence.
The seriousness of the allegations, the age of the victim, and the petitioner's criminal antecedents are crucial factors in determining bail eligibility.
The petitioner is entitled to bail as the allegations against him were found to be prima facie negated, and the investigation was complete.
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....
The main legal point established in the judgment is the importance of a speedy trial, the presumption of innocence, and the discretion of the court in considering bail applications.
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