Justice Bhatnagar, however, has said that it is not for the court to analyse the testimony of the victim and her parents in depth during bail, as it may prejudice the case of the prosecution.
After noting a catena of factors that need to be considered while granting bail, the judge noted the fact that the girl was barely three years old at the time of the incident and that she fully supported the case of prosecution in her examination-in-chief.
“Therefore, looking into the facts and circumstances of the case, the minority of child victim at the time of the alleged offence, the allegations against the petitioner which are grave and serious in nature coupled with the categorical statement made by the child victim in her examination-in-chief and the medical evidence on record, no ground for bail is made out at this stage and the bail application is, therefore, dismissed,” the Court ordered.
Source: Barandbench
