The Supreme Court has granted bail to an accused booked under rape, stalking, criminal intimidation and provisions of the Protection of Children from Sexual Offences (POCSO) Act, noting that he had already spent two years in custody.
The Bench of Justice M.M. Sundresh and Justice Nongmeikapam Kotiswar Singh set aside the Rajasthan High Court order refusing bail and allowed the appeal.
The case arises out of an FIR registered at Police Station Jamwa Ramgarh, Jaipur (Rural), for offences under Sections 376, 354D, 504 and 506 of the Indian Penal Code, along with Section 67 of the Information Technology Act and provisions of the POCSO Act. Counsel for the appellant argued that the case involved a consensual relationship, stating that the appellant and the victim had known each other for a long time and had studied in the same school.
Taking note of the period of incarceration and the progress of the trial, where only 26 out of 39 witnesses had been examined, the Court found it appropriate to grant bail. The Bench therefore set aside the impugned order and directed that the appellant be released on bail on terms and conditions to be fixed by the trial court.
At the same time, the Court directed the trial court to impose an additional safeguard while granting bail, requiring that the accused shall not harass the victim or circulate her photographs or videos in public.
Appearances
Petitioner- Mr. Namit Saxena, AOR
Respondents- Ms. Sansriti Pathak, A.A.G. Ms. Nidhi Jaswal, AOR
