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MANISHA BATRA
Kuldeep alias Dholia – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mrs. Manisha Batra, J.
The present petition has been filed under Section 439 of Cr.P.C. for grant of regular bail to the petitioner in case bearing FIR No.0320 dated 28.05.2023 registered under Section 6 of Protection of Children from Sexual Offences Act, 2012 (For short "POCSO Act") and Sections 376 (2) (n) and 506 of IPC (Section 450 of IPC added later on) at Police Station Bhiwani Sadar, District Bhiwani, Haryana.
2. Brief facts relevant for the purpose of disposal of this petition are that on 28.05.2023, on receipt of a telephonic information regarding admission of the victim "K" (name withheld) in PGI, Rohtak as a case of sexual assault, a police party headed by HC Suman reached at PGI, Rohtak and sought information of the doctor regarding condition of the victim. As the victim was not opined to be fit to make statement, therefore, the statement of her mother i.e. complainant "B" (name withheld) was recorded who disclosed that the health of the victim "K" who is her seventeen and half years old daughter had started deteriorating from sometime and on making inquiries from her, she came to know that she had not received her menstruation from the last three months and also
The court granted bail due to inconsistencies in the complainant's statements and insufficient medical evidence supporting the allegations of sexual assault.
Prima facie evidence of sexual assault and threat to victim's family outweighed inconsistencies in victim's statements at the bail stage.
The gravity of the offense, evidence of forcible sexual acts, and the victim's age are crucial factors in determining bail applications in cases involving minors and sexual offenses.
The court granted bail based on the lack of supporting evidence from the victim and her friend, and the lengthy detention of the petitioner.
The gravity of the allegations and the impact of pandemic conditions on trial delays influenced the court's decision to dismiss the bail application.
Bail applications under serious charges involving minors require strong grounds for grant, especially when testimony is ongoing and credibility is in question.
The court emphasized that at the stage of bail, the court cannot go into the detailed examination of the facts and should take a prima facie view, considering the gravity of the offense and the circu....
The court considered the period of incarceration, completion of witness examination, and the lack of fruitful purpose in keeping the petitioner detained in prison as key factors in allowing the bail ....
The seriousness of allegations, age of the victim, victim's statements, and medical evidence are crucial factors in deciding bail applications in cases of sexual assault on minors.
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