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SATYEN VAIDYA
Jagdish alias Baba – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
By way of instant petition, the petitioner has prayed for grant of bail under Section 439 of the Cr.P.C.
2. The allegations against the petitioner is that he has been indulging in purported sorcery on the pretext of curing the health problem of masses. The mother of the victim herein was also getting cure for her headache from petitioner. On 15.03.2022, the victim had accompanied her mother to the premises of petitioner and on that day petitioner had committed sexual intercourse with the victim by influencing and terrorizing the victim on the basis of his purported super natural powers. The matter was reported to the police on 21.03.2022. As regards delay in reporting the matter, an explanation has been rendered to the effect that the victim was so terrorized and afraid that she could not disclose the fact to her mother. The victim thereafter visited her elder sister at Chandigarh and disclosed the entire episode to her on 18.03.2022. The sister of the victim then informed her mother and the victim returned to her mother on 20.03.2022 and the matter was accordingly reported on 21.03.2022.
3. On completion of investigation, challan was presented. The petitio
The seriousness of the allegations and the potential threat to society are material factors for consideration in deciding a bail petition for serious and grave offences.
Right of speedy trial is a valuable constitutional right.
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 court considered the delayed FIR, lack of support from the medical report, and overall material produced on record in granting bail to the applicant without commenting on the merits of the case.
Court is required to balance rights of petitioner on one hand and public interest on other. Test of objectivity is to be applied.
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 court considered the lack of support from key witnesses, the petitioner's extended custody, and the absence of other cases against the petitioner in granting bail pending trial.
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