Back
RAVINDRA MAITHANI
Omveer Singh – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Ravindra Maithani, J. - Applicant Omveer Singh is in judicial custody in FIR No. 31 of 2021, under Sections 342, 376-D, 120-B IPC and Sections 3, 4, 16, 17 of the Protection of Children From Sexual Offences Act, 2012, Police Station Clementown, District Dehradun. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. It is argued that co-accused has already been granted bail. The victim has already been examined at trial. She has not supported the prosecution case. These facts have not been denied by the learned State counsel.
4. Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail.
5. The bail application is allowed.
6. 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 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 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 lack of support from the victim and absence of forensic, electronic, or biological evidence can be influential factors in granting bail in criminal cases.
Interim bail may be granted in sexual assault cases based on the facts and circumstances of the case.
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.
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 court emphasized that pre-trial detention is prohibited as punishment, allowing bail based on the slow pace of the trial and change in circumstances while ensuring societal protection through str....
The presumption of innocence and the right to bail are fundamental principles in criminal law, particularly at the pre-trial stage, unless there are substantial grounds for denial.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
