High Court criticizes Trial Court for prematurely granting bail without proper consideration of the gravity of allegations and victim's vulnerability.
In a significant ruling, the Delhi High Court has set aside a lower court's decision granting bail to Lalit Kumar, accused of committing an aggravated penetrative sexual assault on a three-year-old child at a Junior School in Janak Puri. The High Court, presided over by Justice Vinod Kumar, emphasized the necessity of considering the gravity of the allegations, the vulnerability of the victim, and the statutory rigor of the Protection of Children from Sexual Offences (POCSO) Act before granting bail in such serious cases.
The State and the victim's mother challenged the bail order issued by the Additional Sessions Judge, who had granted bail on May 7, 2026. The Trial Court's decision was primarily based on CCTV footage indicating the respondent's absence from the Junior Wing after a specific time and a lack of physical injuries on the victim according to the medical report.
Justice Vinod Kumar pointed out that the Trial Court failed to adequately consider the testimony of the minor victim, who had consistently identified the accused and described the incident. The High Court highlighted that the child’s identification of the respondent and the scene of the crime could not be disregarded at the investigation stage, despite the absence of physical injury markers.
The High Court also noted the premature nature of the bail decision, made while forensic evidence was still pending and the investigation was ongoing. The judgment underscored that the Trial Court overlooked critical aspects, including the minor's vulnerability and the serious nature of the charges.
The Delhi High Court's decision mandates that Lalit Kumar surrender to the jurisdictional Additional Sessions Judge (POCSO Court) by July 1, 2026, at 2:00 PM. This judgment reiterates the judiciary's commitment to ensuring justice for victims of sexual offences, especially minors, by emphasizing the need for rigorous scrutiny before granting bail in POCSO cases.
Bottom line:-
Grant of bail in cases involving allegations under the POCSO Act must consider the gravity of the allegations, the vulnerability of the victim, and the statutory rigour of the Act. Courts must carefully evaluate the facts and evidence, particularly in cases involving child victims, before granting bail.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Protection of Children from Sexual Offences Act, 2012 Section 6
