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RAJBIR SEHRAWAT
Vikas – Appellant
Versus
State of Haryana – Respondent
RAJBIR SEHRAWAT, J.
1. The present petition has been filed by the petitioner under Section 439 Cr.P.C for grant of bail pending trial in case FIR No.159 dated 18.04.2021 registered under Sections 323, 363, 377, 506 of IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012 at Police Station Kalanaur, District Rohtak.
2. Reply by way of an affidavit of Sh. Sandeep Kumar, HPS, DSP, Meham and custody certificate of the petitioner have been filed in Court. The same are taken on record.
3. It is submitted by the counsel for the petitioner that the case against the petitioner is totally false, frivolous and concocted. This fact is not disputed even by the testimony of the prosecution witnesses. The complainant, i.e. mother as well as the father of the alleged victim both have not supported the case of the prosecution. Rather, they have denied the story created by the police. In any case, the petitioner is in custody for the past about more than two years and two months. There is no other case registered against the petitioner. Hence, the petitioner deserves to be released on bail pending trial.
4. On the other hand, learned State Counsel, referring to the status report has
The court considered the lack of support from key witnesses, the petitioner's extended custody, and the absence of other cases against the petitioner in granting bail pending trial.
The court considered the lack of harm caused to the complainant and the petitioner's custody since the date of the incident as key factors in granting bail.
The petitioner will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the I....
Point of Law : POCSO – Grant of Bail - victim had not disclosed the factum of sexual assault on her by the petitioner, in her initial version to the police. The successive statements of the victim ha....
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