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Judgment
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
The applicant is the sole accused in Crime No.332/2025 of Neyyattinkara Police Station, Thiruvananthapuram District, which is now pending as S.C. No.1061/2025 before the Fast Track Special Court-II, Neyyattinkara. The offences alleged are punishable under Sections 64, 64(2)(f)(m), 65(1) (2), 45 and 351 of the Bharatiya Nyaya Sanhita, 2023, Sections 4(2) r/w 3(a), 6 r/w 5(j)(ii), 5(l), 5(n) and 22(3) of the Protection of Children from Sexual Offences Act, 2012 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
The prosecution case, in short, is that the applicant, who is the father of the victim, a minor girl, committed aggravated penetrative sexual assault on her on diverse occasions, got her impregnated and thereby committed the offences.
I have heard Smt.Lekha S., the learned counsel for the applicant and Smt.Aneeda Beegum, the learned Senior Public Prosecutor. Perused the case diary.
The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Senior Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.
The applicant was remanded to judicial custody on 07.03.2025. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. This is a case where the applicant who is the biological father of the victim had repeatedly committed rape on her and made her pregnant. Moreover, the applicant has criminal antecedents. He is involved in crimes of similar nature. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.