Delhi HC grants interim bail to accused facing charges of rape
May 14, 2020
New Delhi [India], May 14 : The Delhi High Court on Wednesday decided to grant interim bail to an accused facing trial under Section 376/506 of the IPC and Section 6 of the Protection of Children of Sexual Offences Act, 2012 (POCSO). He had sought interim bail on the ground that his father is suffering from a heart ailment and his angiography has been scheduled long back.
In the plea, the accused stated that he is the only person capable enough to take care of his ailing father in this hour of need.
After considering the facts Justice Vibhu Bhakru stated that "In view of the above and considering that the petitioner's father is ailing, this Court considers it apposite to allow the present petition. The petitioner shall be released for a period of forty-five days from the date of his release on bail on his furnishing a personal bond in the sum of Rs 5,000 to the satisfaction of the Jail Superintendent."
According to the FIR, the girl had claimed that she was 17-year-old at the time of the incident and had become friendly with the petitioner on Facebook and had also met him a few times.
She alleged that the petitioner had taken her to a guest house in Sarita Vihar and then established a physical relationship with her without her consent. Whereas the accused has denied the allegation mentioned and said he is falsely implicated in the case.
He claimed that he had a relationship with her and everything held between them consensually.
The High Court also noted the submission that the father of the girl and the father of the accused had some disputes, which were concealed.
The police are also investigating whether any honey trap had been laid and a separate FIR in this regard has been registered.
The accused has also produced a birth certificate of the girl which shows her date of birth was above 18 years at the time of the incident.
The High Court also noted that there is a serious question whether any offence under the POCSO Act is made out because if the said birth certificate is accepted, the girl was a major on the date of the incident.
