Bail in POCSO Cases must Consider Gravity & Victim Safety Says Supreme Court

Bail in POCSO Cases must Consider Gravity & Victim Safety Says Supreme Court

The Supreme Court held that while bail should not be refused mechanically, it must not be granted by ignoring relevant considerations or material evidence.

The Court observed that the Allahabad High Court erred in granting bail in a POCSO case involving repeated sexual assault of a minor, armed intimidation, and blackmail. 

It noted that the High Court failed to consider the gravity of the offence, the statutory rigour of the POCSO Act, and the real apprehension of victim intimidation. 

Emphasising victim safety and fair trial, the Court set aside the bail order and directed the accused to surrender.

[X v. The State of Uttar Pradesh & Anr.]

Read Judgement / a month ago

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