Delhi High Court Directs Registrar To Seek Explanation From Trial Court Judge For Passing Non-Reasoned Order Granting Bail To POCSO Accused

The Delhi High Court has directed its Registrar (Vigilance) to seek an explanation from a trial court judge for passing a “non-reasoned” order granting bail to a POCSO accused.

“The Registrar (Vigilance) of this Court is directed to seek explanation on the administrative side from the concerned Judge, as to the reasons for passing the non-reasoned impugned order, report whereof shall be placed before the concerned Hon‟ble Inspecting Judges Committee of this Court within one week for consideration,” Justice Saurabh Banerjee said.

The court set aside the trial court order granting bail to the man who was accused of raping a 3-year-old girl in 2021.

Justice Banerjee said that the trial court granted bail to the accused in a “purely mechanical manner” without expressing any opinion or without application of judicial mind on the facts or merits of the case.

“The same is against the very pre-requirements of granting bail to an accused especially in the present case, when it is involving, not only offences under Section(s) 342/354/354-B/363 IPC but also Section 10 POCSO Act,” the court said.

It added: “In the opinion of this Court, the impugned order being unreasonable, cryptic, ambiguous and is against the settled proposition of law laid down by the Hon‟ble Supreme Court and followed by various High Courts across the Country from time to time.”

The court observed that it is in the interest of justice and overall interest of the society at large that proceedings under POCSO Act are handled with due care and precaution, especially when the court is dealing with an application for releasing the accused on bail.

The court said that apart from the bail conditions set out by the Supreme Court in Prasanta Kumar Sarkar vs. Ashis Chatterjee & Anr. and Deepak Yadav vs. State of Uttar Pradesh, factors like victim’s age, age difference and relationship between the victim and accused, ferociousness of the offence and vicinity of their residence must also be considered while granting bail in POCSO cases.

“As the present petition and observations herein are of judicial importance, let a copy of this order be sent to all the concerned Principal District & Sessions Judges through Registrar General of this Court for information and compliance thereof for better administration of justice,” the court said.

Case Title: MS. N v. STATE & ANR.

Citation: 2023 LiveLaw (Del) 776

Click Here To Read Order