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RAJESH BHARDWAJ
Sahil @ Saili – Appellant
Versus
State Of Punjab – 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. Prayer in the present petition is for grant of regular bail to the petitioner in case FIR No.91 dated 30.04.2020, under Sections 376, 506 IPC read with Section 4 of POCSO Act, registered at Police Station Sadar, Pathankot, District Pathankot.
3. As per factual matrix of the case, the present FIR was lodged by the victim (name concealed). It was alleged that she is 16 years of age and resident of Village Dehriwal, Police Station Sadar Pathankot and doing household work and studying in Government High School and has passed 9th standard. Her date of birth was 10.01.2004. It was alleged that the boy of her village whose name is Sahil @ Saili i.e. the petitioner used to come toher elder brother Harish Chander for repair of his mobile phone. He used to pass objectionable gestures towards her. However, she used to ignore the same and on 29th April, 2020, when her family was out in the field at about 12 o'clock, Sahil @ Saili came to her home and finding her alone, he caught hold her though, she tried to make a
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 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 impact of delay in trial and the COVID-19 pandemic on the grant of regular bail in criminal cases.
The court established that significant contradictions in witness statements can influence the decision to grant bail, particularly when balanced against the age and circumstances of the accused.
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