Taking into account the submission that the investigating agency was unable to trace the victim, the court noted that this could not be a reason to deny the statutory right of the accused.
The High Court of Jammu & Kashmir and Ladakh on May 12 ruled that the conduct of a victim under the Protection of Children from Sexual Offences (POCSO) Act of avoiding stepping into the witness box was sufficient to entitle the accused bail [Ravi Kumar V/s Union Territory of J&K].
Justice Sanjay Dhar recorded that consideration of the bail plea could not be deferred indefinitely simply because the victim was keeping herself away from appearing in court.
“It is not the case of the prosecution that trial is being delayed because of the conduct of the accused but it is a case where the victim is avoiding to step into the witness box. This conduct of the victim is sufficient to entitle the petitioner to concession of bail“, the order reads.
Before the single-judge was hearing an application seeking bail in a case arising from the offences of kidnapping and sexual assault.
The accused was arrested in April 2020 and his first bail application was rejected by the trial court on the ground that the statement of the victim remained to be recorded.
The High Court also disposed of the victim’s bail application, however granted him liberty to approach the trial court again.
When the victim approached the trial court again, the plea was again dismissed on the ground that the statement of the victim is yet to be recorded.
On examining the case, the High Court noted that the accused could not be detained for a period longer than one-half of the maximum punishment period of imprisonment specified.
Taking into account the submission that the investigating agency was unable to trace the victim, the court noted that this could not be a reason to deny the statutory right of the accused.
With this, Justice Dhar granted the accused bail on furnishing a personal bond in the amount of ₹50,000 with one surety of the like amount.
