Bail granted considering the accused's age, lack of criminal history, and no objection from the victim's family, with strict conditions imposed.
In a recent judgment, the Delhi High Court has granted bail to a 20-year-old woman accused under Sections 351(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 6/8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The bail application was heard by Justice Manoj Jain, who considered several factors before granting the bail, including the accused's age, her satisfactory conduct while in custody, and the absence of any prior criminal record.
The case originated from an FIR registered on March 25, 2026, at the Chankya Puri police station, following a complaint by the mother of the minor victim. The complaint alleged that the accused had engaged in a forceful physical relationship with her son. The charge sheet has already been filed, including a statement from the victim recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita.
During the proceedings, the court noted that the accused had been in custody for over three and a half months. The prosecutor was instructed to communicate with the victim's family to ascertain their stance on the bail application. Notably, the victim's family, participating via video conferencing, expressed no objection to the bail, provided that the accused refrains from any future misconduct.
The defense counsel, representing the accused, assured the court that the accused would maintain a safe distance from the complainant's family and relocate from her current residence. In light of these assurances and the overall circumstances, Justice Jain granted bail with specific conditions. These include the requirement for the accused to furnish a personal bond of Rs. 10,000 with a local surety, regular court appearances, no contact with witnesses, and the maintenance of an active mobile number for communication with the investigating officer.
The decision reflects a balance between the legal framework and the human elements involved, underscoring the court's careful consideration of the facts without delving into the merits of the case. The court's order has been forwarded to the concerned trial court and the jail superintendent for compliance.
Bottom line:-
Bail granted to a 20-year-old applicant accused under Sections 351(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 6/8 of the Protection of Children from Sexual Offences Act, 2012, considering the applicant's age, absence of prior criminal record, satisfactory jail conduct, and lack of objection by the victim's family.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Section 351(2), Protection of Children from Sexual Offences Act, 2012 Sections 6/8, Bharatiya Nagarik Suraksha Sanhita Section 183
Anjali v. State of NCT of Delhi, (Delhi) : Law Finder Doc id # 2943808
