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ALKA SARIN
Nirminderjit Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
(Alka Sarin, J.)
This is the third petition for grant of regular bail to the petitioner in FIR No.0161 dated 16.12.2022 under Section 376(2)(n), 506 of the Indian Penal Code, 1860; Section 201 of the Indian Penal Code, 1860 and Section 6 of Protection of Children from Sexual Offences Act, 2012 (added later on) registered at Police Station Sardar Ahmedgarh, District Malerkotla. The first bail petition beings CRM-M-44786-2023 was dismissed as withdrawn on 31.10.2023. Though the first petition was dismissed as withdrawn, however, this Court vide order dated 31.10.2023 was constrained to initiate suo motu proceedings in public interest inasmuch as on 09.10.2023 during the pendency of the first petition, the counsel for the complainant had shown a video to the Court which was sent by the petitioner from the jail to the victim/prosecutrix wherein music could be heard and 2-3 boys could be sitting in room where there was also a Television (TV). The boys were seen eating and drinking in said video which was purportedly sent from a mobile No. 82649-69626 from jail where the petitioner was lodged. Thereafter, the call records of the said phone number were requisitioned, and various
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....
Bail should not be granted in grave offences against minors.
The court emphasized that the serious nature of allegations under the POCSO Act, coupled with the need to protect child victims, outweighs personal liberty concerns when considering bail applications....
Point of Law : POCSO Act – Kidnapping and Rape – Grant Bail – Accused and victim have Prior acquaintance and love.
The presumption of innocence, the discretion of granting bail, and the need for a humane approach in bail decisions were central legal principles established in the judgment.
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