Back
SATYEN VAIDYA
Nand Lal @ Premdeen S/o Shri Sampuran – Appellant
Versus
State of Himachal Pradesh – Respondent
ORDER :
1. Petitioner is an accused in case registered vide FIR No. 31 of 2021, dated 29.10.2021, at Police Station Women Cell at Sadar Chamba, District Chamba, H.P. under Sections 354A, 506 of the Indian Penal Code (for short ‘IPC’) and Sections 8 and 10 of the Protection of Children from Sexual Offence, Act 2012 (for short “POCSO”) Act. Petitioner is in custody since 29.10.2021.
2. Petitioner has approached this Court for grant of bail, in above noted case, under Section 439 Cr.P.C. on the grounds that the prosecution case is based on absurd, baseless and imaginary story. As per petitioner, he is innocent and has been falsely implicated in the present case by the complainant, who is none other than his wife. It is alleged that the complainant and petitioner have strained matrimonial relation and the complainant has filed a divorce petition against the petitioner, which is pending adjudication. A false case has been foisted against the petitioner, as he is contesting the petition for divorce filed by the complainant. It is further submitted that the incident as alleged had taken place in August, 2021, whereas it was reported in October, 2021 after two months. Had there been any trut
Provisions relating to sexual assaults on minors have been made very stringent in Indian Penal Code, besides enactment of a special Act known as “The Protection of Children from Sexual Offence Act.
The severity of accusations, legislative intent behind POCSO Act, and potential danger of influencing witnesses are crucial factors in bail decisions.
Bail Application - Offence of sexual assault - Mere non-filing of charge sheet cannot be a ground for rejection of the bail, especially when no evidence has been brought on record to keep accused beh....
Point of Law : POCSO – Grant of Bail - victim had not disclosed the factum of sexual assault on her by the petitioner, in her initial version to the police. The successive statements of the victim ha....
Point of Law : POCSO – Grant of Bail - Love affair between the petitioner and the prosecutrix and their marriage is likely to take place in near future.
Point of Law : Petitioner cannot be kept behind bars for an unlimited period, so petitioner may be enlarged on bail by allowing instant petition.
The main legal point established is the distinction between preparation and attempt to commit an offence, as well as the application of relevant sections of the IPC and POCSO Act in determining the n....
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
