Published: 17th May 2021
Delhi court grants interim bail to accused in POCSO case where victim is untraceable
The court cited the fact that there is no real apprehension at this stage that the accused may threaten or influence the victim who has remained untraceable
A Delhi court has granted interim bail to a man arrested for allegedly raping a 15-year-old girl, saying there is no real apprehension that the accused may threaten or influence the victim as the minor girl is untraceable. Additional Sessions Judge Rajesh Kumar Singh granted the relief to Govind Singh, arrested for aggravated penetrative sexual assault, for 90 days subject to furnishing of a personal bond of Rs 10,000 with one surety of a like amount.
While granting relief to the accused, the judge relied upon the status report submitted by the investigating officer that the victim is untraceable. The judge also noted that she had refused to get her internal medical examination done. Considering this fact there is no real apprehension at this stage that the accused may threaten or influence the victim. There is an extraordinary situation due to COVID-19 pandemic, the Additional Sessions Judge said.
He added, taking into consideration the overall facts and circumstances of the case, interim bail is granted to accused Govind Singh for a period of 90 days from the date of this order. According to the police, the victim was less than 15-years-old when the accused committed penetrative sexual assault upon her two to three times by calling her to his room and that one co-accused Shivam is yet to be arrested.
Singh was arrested under Section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences Act (POCSO), Section 366 (Kidnapping, abducting or inducing Rajesh Kumar) and 376 (rape) of the Indian Penal Code During the course of proceedings, Additional Public Prosecutor M Zafar Khan, representing state, and advocate Archana Koul, counsel for Delhi Commission for Women (DCW) told the court that the allegations against the accused are serious in nature.
The prosecution further claimed that Singh could influence the witnesses and hamper the investigation if released on bail. Advocate Falak Mohd, representing the accused, submitted that his client has been falsely implicated in this case and that the father of the victim had sought help from the accused to trace the victim.