Criminal Procedure Code, 1973
Section 438—Anticipatory bail—Molestation and sexual assault—FIR registered under Section 323/354 of the IPC read with Section 8 of the POCSO Act—Submission that it was a dispute between two families and present FIR has been lodged at the instance of parents of prosecutrix only to attribute the provisions of the POCSO Act—Fact that the wife of the applicant lodged a FIR under Sections 354/506/323/341/509/34 of IPC against the complainant party—Court considers that it would be inappropriate to make any comment regarding the veracity of the present FIR—It is for the trial court to decide it an appropriate stage—In view of the serious allegations made and fact that the charge-sheet has already been filed, the petitioner may move an application for regular bail before the trial court—Till the time the application for regular bail is decided by the trial court, the interim bail granted to the petitioner is extended till the disposal of the regular bail application.
[Paras 17 to 26]
Section 439—Regular bail—Molestation and sexual assault—FIR registered under Section 323/354 IPC read with Section 8 of the POCSO Act—Submission that accused is of thirty four years of age and is yet to settle down in the family—Accused is in custody for last three months and there is nothing on record to indicate that petitioner is involved in any other case—Though the allegations are serious in nature, but it is a matter of record that the accused has not been named in the FIR—Charge-sheet has already been filed—Bail granted.
[Paras 9 to 13]
G. Arun v. State NCT of Delhi : 2023 LRC Online 442(Del)