In Bail Appln. 1923/2023 -DEL HC- Delhi High Court grants bail to two accused in POCSO Act case citing prolonged custody, examined witnesses & no risk of evidence tampering
Justice Rajnish Bhatnagar [01-12-2023]

Read Order: Ram Prasad v. State NCT of Delhi

Chahat Varma

New Delhi, December 5, 2023: In two separate rulings, the Delhi High Court has granted bail to two accused individuals, Ram Prasad and Rinku, in a case involving allegations of criminal intimidation, assault, and offense under the Protection of Children from Sexual Offences (POCSO) Act.

In the present case, the bail applications were filed by the petitioners for grant of regular bail in case registered under Sections 323/341/354/506/34 IPC & Section 10 of POCSO Act.

The case involved a complaint filed by 'M', who alleged that Ram Prasad illegally occupied her property and assaulted her, threatened to outrage her modesty, and cut the hair of her son. Additionally, other family members of Ram Prasad attacked the complainant's daughter, mother-in-law, and a neighbour. Ram Prasad was arrested on 18.12.2019 and sent to judicial custody.

Rinku, the second accused, was arrested on 31.12.2019 based on specific allegations against him in the statement recorded under Section 164 of the Cr.P.C. by the complainant's son.

The single-judge bench of Justice Rajnish Bhatnagar granted bail to both accused individuals. The bench noted that Ram Prasad had been in custody since December 2019 and that all material public witnesses had been examined. Additionally, the bench observed that there was no risk of evidence tampering and that the accused's continued detention was not necessary for the investigation.

Similarly, the bench considered that Rinku had also been in custody for a considerable period and that only official witnesses remained to be examined. Consequently, the Court granted bail to Rinku as well.