Regular bail -- Complicity of the petitioner in the offence would remain subject matter of debate before the Trial Court and the petitioner, who is in custody for the last more than 10 months would be entitled to be released on bail as 14 prosecution witnesses are yet to be examined -- Petitioner ordered to be released on bail.

(P&H HC) Decided on: 01.06.2022

Run-away marriage with minor – Regular bail -- Victim had left the house of her own and gone to Bihar with co-accused, where they had performed the marriage -- Only allegation against the petitioner is that she had allured the victim, who is a minor girl -- Petitioner, who is having a minor child, has been in custody since 14.08.2020 -- No witness has been examined so far -- Trial of the case would take time to conclude -- Therefore, no useful purpose would be served by keeping the petitioner behind the bars -- Petition allowed and the petitioner is ordered to be released on bail.

(P&H HC) Decided on: 11.12.2020

Bail to juvenile -- POCSO case -- Rape with minor cousin sister – Prosecutrix was residing in house of petitioner being brought up by his mother -- Prosecutrix entire statement recorded – Petitioner was aged about 15 years when the FIR was lodged still continues to be a juvenile -- By now, he has already remained in Safe Custody for more than one year and one and a half months – His further detention there would not appear to be in his overall interest due to the fact that there are likely to be more juveniles in conflict with law, housed in the same premises -- Prosecutrix has already been shifted from the parental house of the petitioner -- No reason to deny petitioner the opportunity of coming back to the custody of his parents -- Trial is likely to take its own substantial time, particularly on account of the ongoing Covid-19 pandemic -- Revision petition allowed -- Petitioner is directed to be released on bail.

(P&H HC) Decided on: 27.11.2020

Relation on pretext of marriage – Prosecutrix already married – Regular bail -- Prosecutrix was married and staying with GC (the elder brother of her deceased husband) -- Unless the prosecutrix proves that she has taken divorce from GC, it is difficult to accept that the petitioner established physical relations with her on the pretext of marriage – Petitioner in custody since 31.08.2020 and the parties being mature enough to understand the implications of such like relationship and trial in the case will take sufficient long time, Court deemed it appropriate to release the petitioner on regular bail – Petition allowed.

(P&H HC) Decided on: 19.11.2020

Anticipatory bail -- Allegation that when the complainant was present in her room, the petitioner forcibly entered into her room and caught hold of her from the backside and started imposing himself with a bad intention and also started pressing her breasts – As per the statement of the victim and medical report, no case u/s 376 IPC is made out and the same stands deleted and Section 354 IPC has been added subsequently -- Petition allowed, interim bail granted to the petitioner made absolute.

(P&H HC) Decided on: 18.11.2020

Supplementary statement -- POCSO case -- Regular bail -- Argued that prosecutrix in statement u/s 164 Cr.P.C., did not name the petitioner and on the basis of a supplementary statement, the petitioner was named as a person, who had also ravished her along with one B – B declared as a juvenile and released on bail, while further contending that FSL would reflect that human semen has been detected on an exhibit pertaining to B and not the petitioner – Held, material witnesses have been examined and that conclusion of trial will take sufficient time, no useful purpose would be served in keeping the petitioner behind bars – Petition allowed and direction given to release the petitioner on regular bail.

(P&H HC) Decided on: 09.11.2020

Rape with married woman – Regular bail -- Petitioner has been in custody since 18.10.2019 and due to the outbreak of the pandemic Covid-19 the trial is unlikely to conclude in the near future – Court deemed it a fit case to grant the concession of regular bail to the petitioner -- Without expressing anything on the merits of the case, the petition allowed and the petitioner ordered to be released on regular bail.

(P&H HC) Decided on: 05.11.2020

Compromise in matter -- POCSO case -- Regular bail – Contention that FIR was registered due to misunderstanding and settlement has been arrived at -- As per the medico legal report, the prosecutrix did not suffer any internal or external injury – AAG, has informed the Court that on the vaginal swabs also, no semen was detected -- Petitioner is in detention since 19.07.2020, on completion of the investigation, the challan has already been presented -- Direction given to release the petitioner on bail.

(P&H HC) Decided on: 03.11.2020

POCSO case -- Regular bail -- Girl in question is presently residing at the house of the petitioner coupled with her duly sworn affidavit and which could not be displaced by the State -- Thus, a debatable issue arises over the applicability of offences u/s 363, 366-A, 376 IPC and Sections 3, 4 of POCSO Act -- Accordingly, the petitioner ordered to be released on regular bail.

(P&H HC) Decided on: 30.10.2020

Regular bail -- Report of SIT that the police had collected call detail records of the accused and had found that the petitioner was present near Mansa Devi Mandir at the time of the alleged occurrence of 10.4.2018 where he had also got petrol filled up while using his credit card -- It was further found that even as on 24.6.2018 i.e. the second incident of alleged rape, the petitioner was present at different shops as per the call detail records, tower location and as per the purchases made by him at different shops -- SIT also could not find any substance in the allegations of the alleged abortion of the victim – Petitioner has been behind bars since the last more than 3 months, further detention of the petitioner will not serve any useful purpose – Petitioner ordered to be released on bail.

(P&H HC) Decided on: 30.10.2020

Anticipatory bail -- Petitioner and the complainant resided together for a period of 8 months with the knowledge of their parents – Further submission that both had decided to marry, yet on account of some temperamental differences, the marriage could not be solemnized, consensual relationship and the same cannot be said to attract the offence u/s 376(2)(n) of IPC and backtracking from the promise of marriage would at the most be an act of promiscuity -- Interim protection given directing the petitioner to join the investigation -- Petitioner joined the investigation and is now not required for any further investigation -- Petition allowed.

(P&H HC) Decided on: 28.10.2020

Suspension of sentence -- POCSO matter -- Conviction for 12 years – 3 year 10 months sentence undergone – No date or time about the incident given by the victim -- Prosecutrix was got recovered by the police after a period of more than 5 months -- Specific stand of the applicant-appellant that there were friendly relations between them -- Victim has deposed that she was kept in a rented room for about five months -- Thus, she has every opportunity to escape from the custody of the applicant during the said period -- No specific proof of age of the victim -- Further sentence of applicant-appellant suspended during pendency of the appeal.

(P&H HC) Decided on: 28.10.2020

Interim bail on medical ground by High Court – No satisfaction recorded by the High Court that treatment offered to respondent/accused was not adequate and he requires any further treatment by any particular medical institute for which it is necessary to release the respondent on interim bail on medical grounds -- Even as on date, due medical care is being taken of the respondent/accused -- High Court, without considering the entire materials on record, has passed the impugned order, which is unsustainable – Appeal allowed, order granting interim bail set aside.

(SC) Decided on: 15.10.2020

Juvenile law -- Regular bail – Exception has been carved out for declining the bail to the juvenile who is in conflict with law i.e. he or she is likely to come in association with any known criminal or upon release on bail would expose such juvenile to moral, physical or psychological danger or that release of the juvenile would defeat the ends of justice -- For invoking such exception, there has to be some material before the competent authority -- Impugned orders completely bereft of any such reasoning -- Impugned orders of both the Courts below set aside -- Petitioner is held entitled to grant of bail.

(P&H HC) Decided on: 07.10.2020

Disclosure statement of co-accused -- Rape and kidnapping of girl-child -- Regular bail -- Petitioner was implicated only upon the disclosure statement of the named accused – Daughter had been enticed away by the named accused on the pretext of marriage -- Complainant did not name the petitioner as being involved -- Victim girl did not even mention the petitioner's name in her statement made before the police -- Named accused has already secured bail in this case -- No specific overt acts have been attributed to the petitioner – Petitioner ordered to be release the petitioner on regular bail.

(P&H HC) Decided on: 05.10.2020

Complainant not supported the case of prosecution -- Regular bail -- Trial is likely to take some time to conclude as owing to novel corona virus pandemic, Courts are not working at their full strength and ordinary hearing matters are not being taken up -- No useful purpose would be served by keeping the petitioner behind bars -- Petition allowed and the petitioner is directed to be released on regular bail.

(P&H HC) Decided on: 14.09.2020

Regular bail -- Neither the prosecutrix nor her father supported the case and declared hostile -- In her statement u/s 164 CrPC, which was recorded on the same date of registration of FIR, the prosecutrix has specifically stated that the petitioner has not committed rape upon her -- Petitioner is in custody since 19.10.2019 and due to Covid-19, trial in the case will take sufficient long time, Court deemed it appropriate to release the petitioner on regular bail.

(P&H HC) Decided on: 11.09.2020

Regular bail -- Petitioner is in custody since 11.04.2019 and statement of the prosecutrix has been recorded, coupled with the fact that the trial is likely to take some time to conclude as owing to novel corona virus pandemic, Courts are not working at their full strength and ordinary hearing matters are not being taken up -- No useful purpose would be served by keeping the petitioner behind bars – Petition allowed -- Petitioner is directed to be released on regular bail.

(P&H HC) Decided on: 11.09.2020

No overt act -- Disclosure statement -- Regular bail – Petitioner is in custody since 25.01.2020 -- Allegations of rape and criminal intimidation are against co-accused -- In the FIR, no overt act has been attributed to the petitioner and his involvement in the offence has surfaced on the basis of disclosure statement of prime accused -- No obscene material has been found in the mobile recovered from the petitioner -- His another co-accused has already been granted bail and on the ground of parity alone, the petitioner is entitled to be released on bail -- Petitioner admitted to bail.

(P&H HC) Decided on: 02.09.2020

Regular bail -- FIR to the effect that about 20-25 days ago, petitioner entered prosecutrix’s house on finding her alone and committed rape upon her and started blackmailing her and whenever her husband went outside from the house, the petitioner used to rape her -- They also moved application against the petitioner before the police and a compromise was got effected but the petitioner did not mend his ways -- Petitioner was harassing her since last five months – Prosecutrix has not disputed the correctness of the affidavit submitted by the her -- Trial is likely to take long time due to restrictions imposed to prevent the spread of infection of Covid-19, concession of regular bail extended to the petitioner.

(P&H HC) Decided on: 02.09.2020

Love affair matter -- POCSO case -- Regular bail – Compromise for marriage of petitioner and prosecutrix – Adjudication of question of guilt or innocence of the petitioner on the basis of evidence to be produced during trial is likely to take long time due to restrictions imposed to prevent spread of infection of Covid-19 and that further detention of the petitioner in custody will not serve any useful purpose but without commenting on the merits of the case, Court extended the concession of regular bail to the petitioner.

(P&H HC) Decided on: 21.08.2020

Regular bail -- Prosecutrix in her statement recorded u/s 164 CrPC has stated that she wants to take the case back and wants to marry the petitioner -- Furthermore, she has refused to get herself medically examined -- Considering the fact that the petitioner, who is 19 years of age, is in custody since 15.02.2020 and his culpability is yet to be established during trial, which is not likely to be concluded in near future -- Court deemed appropriate to release the petitioner on regular bail – Petition allowed.

(P&H HC) Decided on: 21.08.2020

Rape on pretext to marriage – Regular bail – Prosecutrix is still married, no legal divorce and only statement that she got divorce before panchayat – Material witness i.e. prosecutrix has already been examined and there is no likelihood of petitioner influencing the trial, as there are no such allegations – Petitioner is in custody since 12.03.2019, regular bail granted.

(P&H HC) Decided on: 07.08.2020

Compromise between parties – POCSO matter -- Minor girl aged 15 years – Regular bail – Statement u/s 164 Cr.P.C., the victim has stated that she had left the house alongwith accused of her own and they had established physical relations with each other -- She also stated that she wanted to marry with accused -- Interim bail for a period of one month to perform marriage with the victim granted -- Marriage with the victim solemnised on 21.07.2020 -- Petitioners (Husband and brother-in-law) have been in custody since January, 2020, challan has already been presented -- Victim and her parents have given statements in favour of the petitioners -- Trial of the case would take time to conclude -- Ordered to be released on bail.

(P&H HC) Decided on: 29.07.2020

Compromise between parties – Regular bail -- Specific allegations against the petitioner – Petitioner is in custody since 04.02.2019 -- In the interest of both the sides, the matter has been compromised between the parties -- Complainant has no objection if the petitioner is released on bail – Petitioner ordered to be released on bail.

(P&H HC) Decided on: 21.07.2020

Regular bail -- Prosecutrix has categorically deposed as to having been raped by the petitioner -- However, State has not been able to dispute the cross-examination of the prosecutrix, where she has admitted that she had gone with the petitioner to various places -- Petitioner is in custody since 08.10.2018 and that out of 14, only 8 witnesses have been examined so far -- Petitioner ordered to be released on bail.

(P&H HC) Decided on: 21.07.2020

Regular bail -- Keeping in view the cumulative facts that there was relationship interse the parties from the year 2014 till the application was given in the year 2019 and they had also travelled out of station to various places, it would be a moot question as such as to whether an offence u/s 376 IPC is made out -- Similarly whether there was any cheating and inducement -- Petitioner has already undergone 5 months and 10 days imprisonment -- Considerable time shall be taken in concluding the trial especially in view of the Covid-19 Pandemic, petitioner has undergone sufficient period of detention and he is entitled for the benefit of regular bail.

(P&H HC) Decided on: 14.07.2020

Regular bail -- Petitioner has neither alleged to have committed rape upon the prosecutrix nor has he done anything, which would be termed as an overt act and further the petitioner in custody, has now completed more than 14 months -- With the prevailing circumstances, trial is not likely to proceed soon as the Courts are not recording evidence at present -- Petitioner directed to be release on bail.

(P&H HC) Decided on: 10.07.2020

No medical examination – Regular bail -- Petitioner is in custody for the last more than two years and the trial is likely to take sufficient long time due to Covid-19 – FIR has been lodged after one year of the occurrence and even the medical examination of the complainant was not got conducted at the relevant point of time or subsequent thereto, therefore, further incarceration of the petitioner would not serve any purpose -- Petitioner admitted to regular bail.

(P&H HC) Decided on: 09.07.2020

POCSO case -- Regular bail -- Prosecutrix and her mother have not supported the prosecution case, the petitioner is in custody for almost a year -- Covid 19 pandemic and conclusion of the trial is likely to take some time -- Concession of regular bail granted to the petitioner.

(P&H HC) Decided on: 08.07.2020

Regular bail -- Prosecutrix has failed to support the prosecution version nor her mother i.e. complainant has supported the prosecution story – Challan has been filed, charges have been framed and out of 17 prosecution witnesses, only 05 have been examined -- No useful purpose would be served by keeping the petitioner in custody, especially during the prevailing conditions of corona virus pandemic -- Petition for regular bail allowed.

(P&H HC) Decided on: 07.07.2020