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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Anas – Appellant
Versus
State Of U.T. – Respondent
JUDGMENT :
Sumeet Goel, J. (Oral)
Present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case bearing FIR No.124 dated 24.07.2023, registered for the offences punishable under Sections 376(2)(n), 306,34 of IPC and Sections 4, 6 of POCSO Act at Police Station Sector 39, Chandigarh.
2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-
'To The S.H.O. Police Station Sector 39, Chandigarh. Subject: For taking action against accused Anus and Ashmita for encouraging my daughter Kashish to commit suicide and after alluring her to perform marriage and committing rape forcibly. Sir, I, Rakesh Kumar son of Shri Ajit Ram, am resident of House No.2427, Sector 40C, Chandigarh. Name of my son is Manan and name of my daughter was Kashish. Age of my daughter Kashish was seventeen (17) years. Since the month of June, 2023, my daughter Kashish generally used to sit alone in the room and remain sad and silent. On 19th June, in the evening when I had reached at my house and went in the room of my daughter Kashish, I saw that she was weeping badly while lying on the bed. When I asked my daughter the
The court underscored that in cases of sexual violence, the victim's dignity and safety are paramount, necessitating a cautious approach to bail applications.
The court established that the welfare of women and the right to a speedy trial are critical factors in bail considerations, especially in cases involving serious allegations.
The right to speedy trial is a fundamental right, and the court emphasized the importance of recording the statement of the minor daughter as a material witness.
Anticipatory bail should be granted unless compelling reasons exist, particularly for first offenders, emphasizing the balance between personal freedom and investigation rights.
The court granted bail to the petitioners, emphasizing the lack of specific allegations against them and the application of special provisions favoring women in bail considerations.
In sexual offence bail applications involving minors, DNA evidence excluding accused paternity, combined with prolonged detention, recorded victim testimony, and conditional safeguards against tamper....
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