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G. S. AHLUWALIA
RAMAN – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
ORDER/JUDGMENT : – Shri Jitendra Kumar Tyagi, Counsel for the applicant.
Shri P.P.S. Vajeeta, Counsel for the State. Case diary is available.
2. This first application under section 438 of Criminal Procedure Code has been filed for grant of anticipatory bail.
3. The applicant apprehends her arrest due to issuance of perpetual warrant of arrest in Criminal Case No. 1129/2014 (R.C.T.) pending before the Fourth Additional Sessions Judge, Bhind for offence punishable under sections 195, 199, 211 of Indian Penal Code.
4. It is submitted by the counsel for the applicant that on the report lodged by the applicant, a criminal case was registered for offence under sections 363, 366(a), 376(2)(n) of Indian Penal Code and section 5(l) of Protection of Children from Sexual Offences Act, 2012 (in short “POCSO Act”). However, the prosecutrix has turned hostile and, accordingly, this Court by order dated 8-9-2017 passed in M.Cr.C. No. 7718/2017 had granted permission to prosecute the applicant. It is submitted that since the applicant was minor, therefore, she is entitled for protection of the provision of section 22(2) of the POCSO Act.
5. Per contra, the application is vehemently opposed by the
Giving false evidence before the court is not covered under section 22(2) of the POCSO Act, and the circumstances of the case determine the entitlement to anticipatory bail.
The presumption of guilt under Section 29 of the POCSO Act operates against the accused unless rebutted, and the nature of allegations and the stage of investigation are crucial factors in determinin....
The court considered the period of detention and the seriousness of the allegations in deciding to admit the petitioner to court bail.
The court may grant bail based on the duration of custody and the expected trial duration, without commenting on the merits of the case.
The court may grant bail based on the length of custody and the time the trial would take, without commenting on the merits of the case.
The court considered the statement of the prosecutrix, completion of police investigation, and the young age of the petitioner in granting bail under Section 439 Cr.P.C.
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