Back
HIGH COURT OF GUJARAT
HDS
VISHNUDEV VAMANAN PANIKAR – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(HASMUKH D. SUTHAR, J.)
1. The appellant has filed this Appeal under Section 14A of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act for enlarging him on Regular Bail in connection with FIR being C.R. No. 11200048241761 of 2024 registered with Vapi Town Police Station, Valsad, for the offences punishable under Sections 323, 376(1), 376(2)(n) of Indian Penal Code, 1860 and Sections 3(1)(w), 3(2)(v) and 3(2)(va) of Prevention of Atrocities Act.
2. Learned advocate appearing on behalf of the appellant submits that appellant is innocent and has been falsely implicated in the offence. Investigation is over and chargesheet has been filed. Applicant is in jail since 21.06.2024. Trial is yet to be commenced. The applicant is police constable and based on false false allegations, FIR came to be filed. No any objectionable material is taken by the applicant. The applicant and victim were in consensual relationship. Even perusing the investigation papers, it appears that the victim herself had deleted the off scene materials or nude pictures from whats app account and time and gain she came with the applicant at the hotel and made physical relationship. No any fals
Bail is a rule and jail is an exception; personal liberty under Article 21 must be upheld unless strong grounds exist to deny bail.
Bail is a rule and jail is an exception; prima facie case under the Atrocities Act not established.
Bail is a rule and jail is an exception; personal liberty under Article 21 must be upheld unless substantial grounds exist for denial.
Bail is a rule and jail is an exception; courts must consider the nature of accusations, public interest, and the accused's character when granting bail.
Bail is the rule and jail is the exception; the court emphasized the importance of personal liberty and the need for careful consideration of the circumstances surrounding bail applications.
Bail is a rule and jail is an exception; personal liberty must be prioritized unless substantial evidence suggests otherwise.
The court granted bail based on the completion of investigation and the nature of allegations, emphasizing the need for specific conditions to prevent misuse of liberty.
The court found that the appellant made a sufficient case for bail, emphasizing the consensual nature of the relationship and errors in the trial court's assessment.
The court clarified that consensual sexual relations do not always amount to rape, emphasizing individual examination of circumstances in cases of alleged deception.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
