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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NEERJA K.KALSON
............ – Appellant
Versus
............ – Respondent
JUDGMENT :
NEERJA K. KALSON, J.
1. The present petition has been filed under Section 439 Cr.P.C seeking the concession of regular bail to the petitioner in FIR No.158/2025, under Section 137(2) BNS and Section 6 of POCSO Act, registered at Police Station Shivaji Nagar, District Gurugram, or in the alternative interim bail till the determination of the issue of age of the petitioner, which according to the learned counsel for the petitioner is still pending consideration before the Competent Court.
2. Learned counsel for the petitioner submits that the petitioner has been in continuous judicial custody since 07.06.2025 in connection with the present case. It is further submitted that an earlier application seeking bail was dismissed by the learned trial Court vide order dated 21.01.2025. It is argued that the petitioner is a young boy and the matter assumes significance particularly in view of the submission of learned counsel for the petitioner that the issue relating to the determination of the age of the petitioner is still pending before the competent court and has not yet attained finality.
3. It is contended by the learned counsel for the petitioner that the FIR in the present cas
The court established that a romantic relationship's dynamics and the victim's age, when determined through ossification tests, might mitigate the gravity of charges under the POCSO Act, affecting ba....
The clear provisions of the POCSO Act defining a minor as a girl below the age of 18 years and the importance of medical evidence in cases of sexual assault against minors.
The decision to release the accused on bail was based on the consideration of the prosecutrix's statement, the nature of the allegation, and the period of custody of the petitioner.
The presumption of guilt under the POCSO Act applies, and the significant age difference between the accused and the victim renders the alleged crime particularly heinous.
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