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THE HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI
Rochan Pradhan – Appellant
Versus
State of Sikkim – Respondent
| Table of Content |
|---|
| 1. bail application filed under bnss and pocso act. (Para 1) |
| 2. consensual relationship vs statutory rape gravity. (Para 2 , 3) |
| 3. judicial assessment of absence of criminal intent. (Para 4 , 5) |
| 4. conditions imposed for granting bail and procedural directives. (Para 6 , 7 , 8 , 9) |
ORDER :
Meenakshi Madan Rai, J.
1. The instant application for bail has been filed by the Petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, read with Section 31 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, the “POCSO Act”), seeking enlargement of the Petitioner/accused on bail. He is presently in judicial custody having been arrested in connection with Sadar Police Station, Gangtok, FIR No.108 of 2025, under Section 5(j)(ii) read with Section 6 of the .
2. Learned Counsel for the Petitioner submits that the Prosecution case arises from a consensual romantic relationship between the Petitioner, who was nineteen years at the time of the alleged offence and the alleged victim girl who was aged about fifteen years and six months at the relevant time. Learned Counsel urges that the existence of a romantic relationship between the accused and
In cases involving charges of sexual offences against minors, bail may be granted if the evidence suggests a consensual relationship, the accused lacks criminal antecedents, and the medical records s....
The court granted bail based on the consensual nature of the relationship between the petitioner and the victim, finding no risk of influencing witnesses or fleeing from justice.
The court considered the victim's conflicting statements, her age, and the circumstances of her marriage in granting bail to the accused, highlighting the importance of evaluating the totality of cir....
The court distinguished between consensual sex and rape, emphasizing the victim's adult status and consent, leading to the granting of anticipatory bail.
The gravity of the offence and the likelihood of the petitioner absconding if granted bail were key considerations in rejecting the bail application.
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