2018 (10) TMI 1990

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.... Gujarat at Ahmadabad in Criminal Misc. Application No. 5391 of 2018 for the offences punishable under Sections 376(2)(f) and 376(2)(i) of the Indian Penal Code, 1860 and also for the offences under Sections 4, 5(c)(f)(m), 6, 8, 9(c)(f)(m) and 10 of the Protection of Children from Sexual Offences Act, 2012 by which the High Court granted bail to the accused (hereinafter referred to as "Respondent No. 2"). 3. It is not required to go into the details of the instant case. However, we find it pertinent to mention brief facts, which are as follows. On 16.09.2017, an FIR, C.R. No. 113/17 was lodged at Shahpur Police Station, Ahmadabad City against respondent no. 2, under Sections 376(2)(f) and 376(2)(i) of the IPC and Sections 4, 5(c)(f) (m), 6....

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....is surprising to note the present approach adopted by the High Court while considering the bail application. The High Court ordering the abovementioned tests is not only in contravention to the first principles of criminal law jurisprudence but also violates statutory requirements. While adjudicating a bail application, Section 439 of the Code of Criminal Procedure, 1973 is the guiding principle wherein Court takes into consideration, inter alia, the gravity of the crime, the character of the evidence, position and status of the accused with reference to the victim and witnesses, the likelihood of the accused fleeing from justice and repeating the offence, the possibility of his tampering with the witnesses and obstructing the course of jus....

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.... imprisonment of either description for a term which may extend to two years and shall also be liable to fine. ... Explanation The printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this section." 10. Extrapolating the intention of the legislature in Section 228A IPC, this Court in, State of Punjab v. Ramdev Singh, (2004) 1 SCC 421 has made the following observations, "3. We do not propose to mention the name of the victim. Section 228A IPC makes disclosure of identity of the victim of certain offences punishable. Printing or publishing name or any matter which may make known the identity of any person against whom an offence under Sections 376, 376A, 376B,....