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POCSO Act | Punjab & Haryana HC Grants Bail To Man Booked On Allegations By Wife Regarding Incident That Took Place When She Was Minor

Drishti Yadav
5 July 2022 1:15 PM GMT
Centre Notifies, Appointment, 11 Advocates, Additional Judges, Punjab And Haryana High Court,

The Punjab and Haryana High Court recently granted regular bail to a man booked under the POCSO Act after the complainant, his wife, accused him of penetrative sexual assault in an incident that allegedly took place prior to their marriage, when she was still a minor.

The bench comprising Justice Vikas Bahl observed that no date of the alleged incident has been mentioned in the FIR and it was registered after the petitioner moved a plea for restitution of conjugal rights. Apart from that, the FIR was registered after much delay.

The FIR was registered under Sections 6, 12 and 17 of POCSO Act and Sections 506, 376(2) (N), 323, 328 and 406 of IPC.

In the FIR, no date of any incident has been mentioned and the said FIR has been registered after filing of the petition by the petitioner under Section 9 of the Hindu Marriage Act, 1955. Prima facie, it also appears that the FIR has been registered after much delay.

The court further observed that the affidavit suggests that the complainant married the petitioner without coercion or pressure and also the Aadhaar Card that suggests her to have attained the age of majority at the time of her marriage.

After considering the fact that the petitioner is not involved in any other matter and prosecution is to take time and also that the co-accused Yogesh has been granted interim protection, the court deemed it fit to extent the relief of regular bail to the petitioner. It observed that the petitioner has been in custody since 07.12.2021 and there are 22 prosecution witnesses and none of them have been examined, thus, the trial is likely to take time.

Accordingly, the court allowed the instant petition and released the petitioner on regular basis subject to its cancellation if he threatens or influences the witness.

Keeping in view the above said facts and circumstances, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail / surety bonds to the satisfaction of the concerned trial Court/ Duty Magistrate and subject to him not being required in any other case. It is made clear, in case, the petitioner threatens or influences any witness, it would be open to the State to move an application for cancellation of the present regular bail granted to the petitioner.

The petition is disposed off in above terms.

Case Title: Dinesh Versus State of Haryana

Citation: 2022 LiveLaw (PH) 173

Click Here To Read/Download Order

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