SUMEET GOEL
Gurpreet Singh @ Gora – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Sumeet Goel, J.
CRM-34657-2024
In view of the submission made by learned counsel for the applicant-petitioner as also the reasons stated in the application, the same is allowed. Order dated 18.03.2024 earlier passed by this Court is taken on record.
CRM-M-40305-2024
1. The present second petition has been filed under Section 483 of BNSS, 2023 by the petitioner-Gurpreet Singh @ Gora seeking regular bail in FIR No. 83 dated 29.06.2023 registered under Sections 376, 377, 384, 328, 506 and 120-B of IPC at Police Station Cantt. Bathinda, District Bathinda, Punjab.
2. The case set up in the FIR in question (as set out by the petitioner in the present petition) is as follows:
1. That the applicant is resident of. In the year 2018, I was doing computer course at Vishswas Institute
The court established that serious allegations of sexual offenses and extortion, coupled with the petitioner's criminal history, are sufficient grounds to deny bail.
A second regular bail petition is permissible without statutory prohibition, but must demonstrate substantial change in circumstances; the severity of allegations influences bail considerations.
The court underscored that in cases of sexual violence, the victim's dignity and safety are paramount, necessitating a cautious approach to bail applications.
Consent to engage in a sexual relationship is not vitiated by a promise of marriage unless the promise is proven to be made in bad faith or with no intention to adhere to it from inception.
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's decision was influenced by the completion of the investigation, lack of medical examination, and the complainant's statement under Section 164 Cr.P.C., which indicated consent in the alle....
Bail – Court should be circumspect in granting bail in POCSO cases.
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....
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