The lack of support from the victim and the informant during the trial can be a significant factor in the court's decision to grant bail, even for serious offences.

Headnote:
Bail - Offences under Sections 376 and 3/4 of the Protection of Children from Sexual Offences Act, 2012 - Court allowed bail based on lack of support from victim and informant during trial
Fact of the Case:

The applicant, Sahban Ali, was in judicial custody for offences under Sections 376 and 3/4 of the Protection of Children from Sexual Offences Act, 2012, along with other sections. The victim and the informant did not support the prosecution's case during the trial.
Finding of the Court:

The court considered the submissions of both parties and the facts and circumstances of the case, and granted bail to Sahban Ali on the same conditions as mentioned in the previous order.
Issues: The main issue was whether the applicant should be granted bail despite the serious nature of the offences.
Ratio Decidendi: The court's decision was influenced by the lack of support from the victim and the informant during the trial, leading to the grant of bail to the applicant.
Final Decision: The court allowed the bail application and ordered the release of Sahban Ali on specified conditions.

JUDGMENT

Alok Kumar Verma, J. - The Bail Application No.2910 of 2021, "Sahban Ali vs. State of Uttarakhand", filed in connection with Case Crime No.96 of 2021, registered with Police Station Vikasnagar, District Dehradun for the offence under Sections 376 of IPC and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012, was allowed on 22.11.2021.

2. Heard Mr. Rajat Mittal, the learned counsel for the applicant and Mr. P.S. Uniyal, the learned Brief Holder for the State.

3. Mr. Rajat Mittal, the learned counsel appearing for the applicant, submitted that the applicant is in judicial custody under Section 376 of the IPC and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012 along with Section 506 of the IPC and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012.

4. Mr. Rajat Mittal, the learned counsel appearing for the applicant, further submitted that during the trial, the victim and the informant did not support the prosecution’s case.

5. Mr. P.S. Uniyal, the learned Brief Holder appearing for the State, opposed the bail application, however, he fairly conceded that during the trial, the victim and the informant did not support the prosecution’s case.

6. Having considered the submissions of the learned counsel appearing for both the parties and the facts and circumstances of the case, the applicant – Sahban Ali be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned, in Case Crime No.96 of 2021, registered with Police Station Vikasnagar, District Dehradun for the offence under Sections 376, 506 of the IPC, Section 3/4 and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012, on the same conditions as mentioned on 22.11.2021, passed by this Court, in the said Bail Application No.2910 of 2021.

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2021 Supreme(UK) 441

IN THE HIGH COURT OF UTTARAKHAND AT NAINITALAlok Kumar Verma, J.Sahban Ali - AppellantVersusState Of Uttarakhand - RespondentFirst Bail Application No. 3219 of 2021Decided On : 17-12-2021

The lack of support from the victim and the informant during the trial can be a significant factor in the court's decision to grant bail, even for serious offences.

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Alok Kumar Verma, J.
Sahban Ali - Appellant
Versus
State Of Uttarakhand - Respondent
First Bail Application No. 3219 of 2021
Decided On : 17-12-2021