By Tanishka Shah

The Supreme Court addressed an appeal against the Rajasthan High Court’s refusal to grant bail to a POCSO Act accused. The accused was charged under Sections 354(D), 506, 363, 366, 376, 511, and 34 of the Indian Penal Code (IPC) and Sections 7 read with Section 8 and Section 11 read with Section 12 of the POCSO Act, 2012. The case originated from a complaint alleging that the accused and a female accomplice rendered the victim unconscious using an unknown substance, transported her to an unknown location, and attempted rape.

The accused was arrested on May 8, 2024, and the chargesheet was filed on June 5, 2024. His initial bail application was rejected by the Trial Court on June 25, 2024, followed by a dismissal of his appeal by the Rajasthan High Court on July 16, 2024.
In the Supreme Court, the accused argued that he had been in custody since May 2024 and was 18.5 years old at the time of the alleged incident, while the victim was 16. He emphasized a consensual relationship and the likelihood of a prolonged trial due to 12 pending witnesses. The State opposed bail, citing the severity of the charges, the accused’s criminal antecedents, and the potential for conviction.

The Court directed the Trial Court to grant bail under appropriate conditions to ensure the accused’s presence during proceedings. It emphasized that the accused must not misuse his liberty or influence witnesses and must avoid any form of contact with the victim.
The Supreme Court noted the need to balance the accused’s extended custody with the necessity of fair trial proceedings. It underscored that stringent bail conditions could adequately address concerns regarding witness tampering and re-association with the victim.

Case Title: Deshraj vs State of Rajasthan
Citation: 2024 SCC OnLine SC 2709

Click here to read/Download the judgment