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SATYEN VAIDYA
Arjun Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Satyen Vaidya, J.)
1. Petitioner has prayed for grant of bail in case FIR No. 03 of 2023, dated 03.01.2023, under Sections 363, 376, 376(2) of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”) registered at Police Station, Reckong-Peo, District Kinnaur, H.P.
2. The case was registered on the complaint of the mother of child victim alleging inter alia that on 03.01.2023 the complainant had visited Reckong-Peo in the company of her daughter aged 17 years. At about 4.30 p.m. the daughter of complainant got missing, she had left the company of complainant without disclosing anything. It was further reported that the complainant was under suspicion that some boy had enticed away her daughter.
3. During investigation, the child victim was recovered. Her statement was recorded under Section 164 Cr.P.C. It was also found that the child victim was carrying a pregnancy of more than 21 weeks as on 07.01.2023. It was also found that on previous occasion also, the child victim had joined the company of petitioner and at that time also, a case was registered vide FIR No. 32 of 2022, dated 22.7.2022 under Sections 363, 323, 506 IPC aga
Pre-trial incarceration is not rule.
The court considered the victim's conflicting statements, her age, and the circumstances of her marriage in granting bail to the accused, highlighting the importance of evaluating the totality of cir....
Pre-trial incarceration cannot be applied as a matter of rule.
The willingness of the victim in the marriage and the impact of the petitioner's custody on the victim and their children were crucial in the court's decision to grant bail.
The court determined that a bail application can be granted when the victim confirms consensual cohabitation with the accused, and further detention is not in the best interest of the family.
While deciding the bail application, this Court will not minutely scan the evidence collected by the Investigating Agency or the statements recorded before the learned trial Court.
The court's decision emphasized the importance of considering the specific circumstances of the case, including the accused's cooperation with the investigation and the absence of criminal antecedent....
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