The Allahabad High Court in Manoj Saxena v. State of U.P. and Another granted bail to an accused booked for committing an Aggravated Sexual Assault (punishable under Section 10 of the POCSO Act) upon an 8-year-old girl as her parents refused to get her medically examined.
A bare perusal of the contents in the FIR stated that eight years old victim was alone at her home and when she saw her TV dish connection was disturbed, she called Manoj Saxena (applicant), the person who used to go to repair the dish connection. When Manoj Saxena (applicant) came inside the house, he saw the girl alone at her home, he started vulgar activities with her. He held her tightly and kissed her lips, inserted his hand into her panty and also pressed her breast by inserting her hands therein. The victim made hue and cry then he ran away from the house.
It is admitted that the parents refused to get a medical examination done for the victim.
Therefore, the Court after considering the seriousness of the charge and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, and without expressing any opinion on the merit of the case granted bail to the accused applicant subject to the following conditions:-
The applicant will attend and co-operate in the trial pending before the court concerned on the date fixed after release.
He will not tamper with the witnesses.
He will not indulge himself in any illegal activities during the bail period.