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RAVINDRA MAITHANI
Pawan Kumar – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Ravindra Maithani, J. - Applicant Pawan Kumar is in judicial custody in FIR/Case Crime No.326 of 2022, under Sections 363, 366, 376(3) IPC and Sections 3/4 and 11/12 of the Protection of Children from Sexual Offences Act, 2012, Police Station Kankhal, District Haridwar. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. Learned counsel for the applicant would submit that the victim has not supported the prosecution case at trial and she has been declared hostile. It is also submitted that there is no forensic, electronic or biological evidence against the applicant.
4. Learned State counsel admits the factual aspects, as argued on behalf of the applicant. It makes out the case for bail.
5. Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
6. The bail application is allowed.
7. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.
The lack of support from the victim and absence of forensic, electronic, or biological evidence can be influential factors in granting bail in criminal cases.
The victim's lack of support for the prosecution case and her statement regarding the medical examination were crucial in the court's decision to grant bail to the applicant.
The court considered the lack of support from the victim and informant, along with forensic evidence, in granting bail to the applicant.
The court established that in cases involving allegations under the Protection of Children From Sexual Offences Act, the context of the relationship between the accused and the victim can influence b....
The decision highlights the consideration of the co-accused's bail and the victim's lack of support for the prosecution case as key factors in granting bail to the applicant.
The seriousness of sexual offence charges and the victim's statement are crucial factors in determining bail applications.
The court established that in cases involving minors, the victim's consent and relationship dynamics can influence bail decisions, provided that safeguards against potential harm are implemented.
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