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SATYEN VAIDYA
Yash Thakur, Son of Shri Vijay Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
ORDER :
Petitioner is an accused in case FIR No. 50/2021, dated 07.10.2022, registered at Police Station Shillai, District Sirmour, H.P., under Sections 341,354,323,376, 506 of IPC, Section 7 of POCSO Act & Section 3(1) (w)(i) of Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities Act ).
2. Petitioner has approached this Court for the grant of bail under Section 439 of the Code of Criminal Procedure in the above noted case, on the ground that petitioner belongs to a respectable family. He use to work for gain at Solan, however, on account of Covid conditions and consequent lockdown petitioner had returned to his native village. As per the petitioner, the allegations levelled by the prosecutrix are false. It is further contended on behalf of the petitioner that there is no past criminal history attributable to him. Petitioner belongs to a respectable family and is a permanent resident of village Bali and Post Office Bali Koti, Tehsil Shillai, District Sirmour, H.P. There is no likelihood of his fleeing from the course of justice and he will abide by all the conditions as may be imposed against him.
3. In response, status report was filed by the respondent on 28.01.2022. A
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....
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 seriousness of the alleged offence and the lack of fresh grounds for bail are crucial factors in bail decisions.
The court emphasized that bail should be granted based on the credibility of allegations and the necessity to prevent witness tampering, establishing stringent conditions for the accused.
The main legal point established in the judgment is the presumption of innocence, the need to avoid indefinite incarceration without guilt being established, and the principles of bail as outlined in....
The court emphasized that bail should not be denied without substantial evidence of interference with justice, allowing conditions to safeguard the process.
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....
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