Bail was granted in a POCSO matter by Allahabad High Court which was filed and argued by Mr. Devesh Saxena, Managing Partner, S&D Legal Associates. The matter pertained to Section 363, 366, 376(2)(i) of IPC, and 3/4 of POCSO Act. FIR was initially lodged under Section 363 and 366 of IPC, however, upon surrender of accused, police added the rest sections in a arbitrary and mechanical manner.
Needless to mention here that Section 376(2)(i) is already omitted by an amendment in IPC way back in 2018, however, the police imposed this charge arbitrarily and in a much ignorant & hasty manner, and despite this fact the lower court below erred miserably and rejected the bail.
The Hon'ble High Court took immediate notice of the said fact, and also the fact that the victim had admitted her affair with the applicant and had admitted willingly eloping with him without raising any alarm or making a cry for help, and ultimately allowed the Bail Application.
Find the detailed judgment here: https://bit.ly/2ZyOrp4
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