HC grants bail to a person charged under POCSO Case[Read Order]

The Petitioner has asked for regular bail where he was accused of offenses under Sections 376/354-D IPC and Section 12 POCSO. The Petitioner contended that the complainant was above 18 years of age when the alleged crime was committed. The crime, it was stated was committed on 17th April 2019, however, the victim turned 18 on 13th March 2019. The victim herself gave no objection.

The APP, however, suspected that the no objection under some coercion or duress. Accordingly, the court asked a support person to submit a report regarding the same.

Report on Support Person

Upon perusal of report it was stated that the complainant was under no coercion. The conclusion was derived after The Support Person had interacted with the Complainant as well as her mother.

Court’s Order

The Court observed that the fact of whether the girl was 18 or not would be decided during the trial. Upon the report of the support person and interaction with the girl on video conferencing the court came to a conclusion that the accused was entitled to bail. However certain conditions were applied to it which were as follows:-

1. The Petitioner or his family would not contact the complainant or her family
2. The petitioner shall not approach any witness
3. Appearance before court whenever directed by the court
4. The petitioner shall meet the IO once a month and must also give him his live mobile no.
5. The petitioner shall not leave Delhi without IO’s permission
6. The petitioner shall furnish a personal bond on Rs. 25,000 before the trial court.

Read Order @Latestlaws.com