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SUMEET GOEL
Ganpat Ram alias Guru Sukh Sagar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Mr. Sumeet Goel, J.
The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case bearing FIR No.32 dated 21.05.2022 (Annexure P-1), registered for the offences punishable under Sections 376(2), 377, 328, 323, 354, 506, 509 and 120-B of the Indian Penal Code, 1860 at Police Station Sadar Rajpura, District Patiala.
2. The FIR in question (as culled out in the present petition by the petitioner) reads as under :
The court underscored that in cases of sexual violence, the victim's dignity and safety are paramount, necessitating a cautious approach to bail applications.
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 severity of the allegations, the credibility of the complainant's statements, and the need for an expedited trial were central to the court's decision in granting bail to the accused.
The court established that serious allegations of sexual offenses and extortion, coupled with the petitioner's criminal history, are sufficient grounds to deny bail.
Criminal Law - Statement of victim – Admissibility of - Statement of victim recorded U/s P.C is concerned, this is not stage to analyze such improvements and to form an opinion because at this stage,....
The court emphasized that the serious nature of charges under the POCSO Act and the presumption of guilt necessitate caution in granting bail, especially in light of the petitioner's conduct while in....
Various principles to be kept in mind, while deciding petition for bail viz. prima facie case, nature and gravity of accusation, punishment involved, apprehension of repetition of offence and witness....
The court denied bail based on the gravity of allegations involving incitement to violence, potential witness tampering, and the need to ensure trial integrity.
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