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RAJESH BHARDWAJ
Barjesh Parsad Gupta – Appellant
Versus
State of Punjab – Respondent
ORDER
Rajesh Bhardwaj, J. (Oral)
Petitioner has approached this Court by way of present second petition praying for grant of regular bail in case FIR No.469 dated 28.08.2021, under Sections 376, 120-B of IPC and Section 6 of POCSO Act, registered at Police Station Zirakpur, District SAS Nagar.
2. Adumbrated facts of the case are that the police received a letter from Anil Kumar Gupta, Chairman, Child Welfare Society, SAS Nagar wherein it was written that the victim child was sexually harassed by her father. The statement of the victim child was attached with the same wherein she alleged that she left home on 02.05.2021 and thereafter, she was recovered by the police on 05.07.2021 who brought her back to home. She alleged that her parents used to beat her. It was alleged that her father used to keep evil eye on her. She alleged that her father tried to sexually abuse her 2-3 times. Whenever she used to complain about the same to her mother, she also used to beat her. She alleged that she got married with Monu Tiwari and had physical relations with him 4-5 times. She also alleged that about six days back, her father had physical relations with her. On the basis of these allegations, FI
The court granted bail to the petitioner, emphasizing the lack of corroborative evidence and the absence of prior criminal records, despite the serious allegations under POCSO.
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 court emphasized that the serious nature of charges under the POCSO Act and the presumption of guilt necessitate caution in granting bail, especially in light of the petitioner's conduct while in....
The judgment emphasizes the need to consider the testimony of the prosecutrix and the provisions of the POCSO Act while deciding bail applications, highlighting the distinction between consensual rom....
The main legal point established in the judgment is the gravity of allegations related to sexual exploitation, blackmail, abuse, and financial exploitation, and the court's consideration of the legal....
Bail – Court should be circumspect in granting bail in POCSO cases.
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 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....
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