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SATYEN VAIDYA
Karanjeet Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
The petitioner is an accused in case FIR No. 25 of 2022, dated 07.03.2022 under Sections 363, 376, 504, 506 IPC, Section 4 of the Protection of Children from Sexual Offences Act and Section 67-B of I.T. Act, registered at Police Station, Shillai, District Sirmaur, H.P. Petitioner is in custody since 16.03.2022.
2. The above noted case was registered on the written complaint of victim presented by her to the police on 07.03.2022 alleging therein that the petitioner was her facebook friend and they had been on talking terms with each other for the last about one year. The petitioner had visited Shillai and had taken the victim to Dehradun on motorcycle by making her to drink something, whereafter he indulged in indecent activities and kept making physical relations with her under promise to marry. Keeping in view her age, she was sent back by the family members of petitioner to her home. On her return, petitioner started threatening her and misusing her photographs. He even made her photographs available to others through a fake facebook ID of her father. She further alleged that the petitioner had been threatening her that in case she did not marry him he w
Completion of fair and expeditious trial can be taken care of by putting petitioner to appropriate terms.
Investigation is already complete and petitioner cannot be ordered to be incarcerated for indefinite period - Trial of the case is likely to take considerable time before the conclusion.
Concern of this Court at this stage is to secure fair and expeditious trial of case.
Right of speedy trial is a valuable constitutional right.
Pre-trial incarceration cannot be applied as a matter of rule.
Pretrial incarceration for indeterminate period will not be in interest of justice.
Pre-trial incarceration is not rule.
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....
The decision to grant bail was influenced by the prolonged custody, limited progress in the trial, and the potential for false implication.
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