In the case of Rohit V. State of Haryana, the respondent lodged an FIR against the petitioner under sections 506 and 120B of the IPC and Section 4 of POCSO ACT, 2012 at the Women Police Station, Rewari. In the Coram, Justice Augustine George Masih allowed the bail petition.
The main fact of the case was that the petitioner and prosecutrix were in a relationship. The age of the petitioner was 18-19 and the prosecutrix was a minor. During this relationship, some misconduct had occurred, which still left to be proved. However, based on the examination of the prosecutrix, the petitioner was arrested on 13.07.2019. Since then, the petitioner has been in custody for more than 1 year. The trial was pending before the court.
Argument before the Court
The petitioner contended that the pandemic situation is causing a delay in the trial. Only one out of the twenty witnesses has been examined by the court. Hence, the petitioner must be granted bail. On the other hand, the respondent contended that the prosecutrix was a minor and that he indulged in activities for which he deserved to be punished by the court of law and prayed to the court to dismiss the bail petition.
The court observed that the petitioner was young. The trial was not likely to be conducted in the future because of the pandemic situation. It was also observed that nineteen witnesses are yet to be examined and due to the prevailing pandemic situation, cases are not being taken up by the courts on a regular basis. As a result, the court allowed the bail petition.
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