Excelsior Correspondent
JAMMU, May 12: The court of Special Judge, Fast Track Court, POCSO Cases, Jammu, has granted bail to Vansh Bhatti, an accused in a gang-rape case registered at Police Station Bakshi Nagar, Jammu, after observing that the petitioner had remained in custody since December 23, 2022, and that the co-accused facing similar allegations had already been granted bail.
The bail application was filed in FIR No. 211/2022 involving offences under Sections 363, 376-DA and 109 IPC, along with Sections 5, 6 and 17 of the POCSO Act. The petitioner was represented by Advocate Ayushman Kotwal and associates, while Special Public Prosecutor Anuj Gupta appeared for the UT of J&K.
As per the prosecution story, the minor victim was allegedly taken from Resham Ghar Park, Jammu, on December 20, 2022, in an Innova vehicle and later taken to Manohar Palace at Gajansoo Marh, where she was allegedly administered a sedative and sexually assaulted. The prosecution stated that the victim was just above 12 years of age at the time of the alleged incident.
The prosecution opposed the bail application, arguing that the accused was involved in serious and non-bailable offences and that the presumption under Section 29 of the POCSO Act operated against him. It was also submitted that the victim and other witnesses had supported the prosecution case.
However, the defence argued that the petitioner had been falsely implicated, that there was delay in registration of the FIR, and that the medical evidence did not support the prosecution version. The defence further submitted that out of 23 prosecution witnesses, 18 had already been examined, including the prosecutrix, and therefore continued incarceration of the accused was not justified.
After hearing both sides, the court observed that while evidence cannot be discussed threadbare at the bail stage, the court is required to record reasons while deciding a bail plea. The court noted that the victim was medically examined within about 50 hours of the alleged occurrence, but the medical examination showed no evidence of recent intercourse/ rape.
The court held that this circumstance was relevant for deciding bail, especially when the petitioner had already spent nearly three and a half years in custody.
The court also considered the delay in lodging the FIR. It noted that though the victim was allegedly dropped near her grandmother’s residence on the morning of December 21, 2022, the matter was disclosed and the FIR was registered only on the evening of December 22, 2022.
The court further observed that the cumulative effect of these circumstances weakened the foundation for raising the presumption under Section 29 of the POCSO Act at the bail stage. It also held that Section 29 does not create an absolute bar against grant of bail.
Another important factor considered by the court was that co-accused Sachin Masih, facing largely similar allegations, had already been granted bail. The court held that the principle of parity also supported the petitioner’s plea.
Accordingly, the court allowed the bail application and directed that Vansh Bhatti be released on furnishing bail and surety bonds of Rs 50,000 each. The court imposed conditions that the accused shall regularly attend the trial, shall not intimidate prosecution witnesses, and shall not tamper with prosecution evidence.
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