Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
At the outset, this Court likes to point the considerations for a Court for grant of bail to an accused [Re. : Prasanta Kumar (supra); Amarmani Tripathi (supra) and Deepak Yadav v. State of Uttar Pradesh, (2022) 8 SCC 559]:—
i. whether there is any prima facie or reasonable ground to believe that the accused had committed the offence;
ii. nature and gravity of the accusation;
iii. severity of the punishment in the event of conviction;
iv. danger of the accused absconding or fleeing, if released on bail;
v. character, behaviour, means, position and standing of the accused in the society;
vi. likelihood of the offence being repeated;
vii. reasonable apprehension of the witnesses being influenced; and
viii. danger, of course, of justice being thwarted by the grant of bail. {Para 13}
14. This Court, is of the opinion, that in addition to abovesaid conditions the following considerations should be kept in mind while considering grant of bail to an accused in matters relating to sexual offences specially POCSO Act:
i. The age of the Victim;
ii. The age difference between the victim and the accused;
iii. The ferociousness of the offence;
iv. The relationship between the victim and the accused and;
v. The vicinity of residence of the accused and the victim and if they are in proximity then if the accused is willing to reside elsewhere, till the pendency of trial.
In the High Court of Delhi at New Delhi
(Before Saurabh Banerjee, J.)
N Vs State and Another.
CRL.M.C. 3399/2023
Decided on August 28, 2023
Citation: 2023 SCC OnLine Del 5387.
