Bail cannot be granted for grave offences under POCSO Act

Bombay High Court: Delivering its judgement regarding the grant of bail to an accussed alleged of committing the crime of trafficking, who acted in accordance which Section 34  IPC  leading to the commission of grave offences like penetrative sexual assault and harassment under the POCSO Act, the Bench of  Sadhana S. Jadhav, J. held that in these circumstances the accused does not deserve to be released on bail.

The case involved an applicant who was alleged to be an agent for trafficking a minor girl for certain amount under the garb of marriage to another man with whom the minor also gave birth to two children. She was sexually abused and wasn’t given the status of a wife. She was later abandoned by the man. The applicant in this case sought to be granted bail.

On analysing the facts and circumstances of the case, keeping in view the commission of trafficking and other non-bailable and cognizable offences under the POCSO Act for which the punishment may extend to imprisonment for life, this Court rejected the application and held that in such circumstances, bail cannot be granted. [Lonkaran Chothmalji Parmar v. State of Maharashtra, 2016 SCC OnLine Bom 9851, 28.11.2016]

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