Code of Criminal Procedure, 1973–Sec. 439–Penal Code, 1860–Secs. 354, 354B, 354D, 376(2)(f) & 376(2)(N)–POCSO Act, 2012–Secs. 9N/10, 5L/6, 5(N)/6 & 18–Grant of bail–Justification–Perusal of impugned order reveals that the High Court did not consider any of the relevant factors for grant of bail–Actual facts were nowhere adverted to–Accused is a habitual offender and he committed rape with her young niece–His Influence may have over the prosecutrix as an elder family member–Impugned order of granting the bail
deserves to be set aside.
