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RAJESH BHARDWAJ
Rajesh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Rajesh Bhardwaj, J. (Oral) - Matter has been taken up through video conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.
2. The present petition has been filed under Section 439 Cr.P.C seeking the benefit of regular bail to the petitioner in case FIR No.162 dated 26.12.2020 under sections 363, 366-A I.P.C, registered at Police Station, Satnali, District Mahendergarh.
3. As per factual matrix of the case, the FIR in question was lodged by the complainant Charan Pal son of Ram Swaroop. It was alleged that he is resident of the given address and running a retail shop at his residence itself. His daughter i.e. the victim is 17 Vi years of age and she was studying in 12th class. On 26.12.2020 she disappeared from the house. It was suspected that his daughter had been enticed away by Rajesh son of Mohan Singh on the pretext of marriage. Request was made to search his daughter and take legal action against the culprit. Thereafter, victim was recovered on the same day.The petitioner was arrested on 27.12.2020. He approached the court of learned Addl. Sessions Judge, Narnaul for the grant of bail. However, the same was declined after
The central legal point established in the judgment is the significance of the minor victim's statement expressing consent to the relationship and reluctance to pursue legal action against the petiti....
The court may grant bail when the trial is expected to take a long time and no useful purpose would be served by keeping the accused in custody, especially when key prosecution witnesses do not suppo....
The delay in framing charges and the prolonged custody of the petitioner influenced the court's decision to grant regular bail.
The court considered the lack of support from the prosecutrix and the period of custody undergone by the petitioner in granting regular bail.
The impact of delay in trial and the COVID-19 pandemic on the grant of regular bail in criminal cases.
Consent from a minor in sexual offenses is legally invalid, and serious charges require thorough examination in court, emphasizing the protection of minors under law.
The court considered the absence of criminal antecedents of the petitioner and the pending trial as grounds for granting bail in a case involving allegations of abduction and rape of a minor girl.
The main legal point established in the judgment is that the turning hostile of material witnesses and the significant custody period of the petitioner can be considered in granting regular bail.
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