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2018 (10) TMI 1990 - SC - Indian LawsSeeking grant of bail - contravention to the first principles of criminal law jurisprudence - offences punishable under Sections 376(2)(f) and 376(2)(i) of the Indian Penal Code, 1860 and also 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 - HELD THAT:- The High Court ordering the 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 justice and such other grounds. In the instant case, by ordering the abovementioned tests and venturing into the reports of the same with meticulous details, the High Court has converted the adjudication of a bail matter to that of a minitrial indeed. This assumption of function of a trial court by the High Court is deprecated. Taking note of the violation of settled principles of criminal law jurisprudence and statutory prescriptions vis-à-vis conversion of adjudication of bail application to a minitrial and disclosure of identity of the “victim” by the High Court, we disapprove the manner in which the High Court has adjudicated the bail application and accordingly, quash the order passed by the High Court - the impugned order passed by the High Court is set aside - appeal allowed.
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