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MANISHA BATRA
Sonu – 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.8 dated 07.09.2015 registered under Section 509, 506 of IPC and Section 6 of Protection of Children from Sexual Offences Act, 2012 (Sections 120B and 216 of IPC added later on) at Police Station Women, Sector- 51, Gurugram, District Gurugram.
2. Brief facts relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on 07.09.2015 on the basis of written complaint filed by the victim 'M' alleging therein that she along with her friend 'ME' (name withheld) used to go to a Marshal Art Academy run by one 'G' at a neighbouring village. On 04.09.2015 also she had gone to the Academy with her friend 'ME' and was sitting in the office of 'G' for the purpose of filling some form when the petitioner barged therein along with 7-8 youths and after entering therein, he opened an assault upon 'G' who while saying that he was doing something wrong with the girls. The victim and her friend tried to convince them that it was not so but he did not listen and all of them kept on assaulting 'G' and he
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 court granted bail due to inconsistencies in the complainant's statements and insufficient medical evidence supporting the allegations of sexual assault.
The court granted bail to the petitioner, finding insufficient evidence for abduction charges, emphasizing the victim's status as a major and the nature of their relationship.
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.
Prima facie evidence of sexual assault and threat to victim's family outweighed inconsistencies in victim's statements at the bail stage.
The main legal point established in the judgment is the presumption of innocence, the need to avoid indefinite incarceration without guilt being established, and the principles of bail as outlined in....
Various principles to be kept in mind, while deciding petition for bail viz. prima facie case, nature and gravity of accusation, punishment involved, apprehension of repetition of offence and witness....
Grant of Bail - Bail is not to be withheld as a punishment.
The absence of evidence implicating the accused and unexplained delay in FIR lodging justified the granting of bail.
Grant of bail based on prolonged incarceration, delay in lodging the FIR, and progress of the trial, with emphasis on the court's neutrality and allowance for cancellation of bail if misused.
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