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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Omveer Singh - Appellant
Versus
State of Uttarakhand - Respondent
First Bail Application No. 101 of 2023
Decided On : 17-01-2023
Bail - Release on Bail - Summary
Fact of the Case:
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.
Finding of the Court:
The Court, after considering the entirety of facts, concluded that the applicant deserves to be enlarged on bail.
Issues: The issues involved the consideration of the co-accused being granted bail, the examination of the victim at trial, and her lack of support for the prosecution case.
Ratio Decidendi: The Court's decision was influenced by the fact that the co-accused had been granted bail, and the victim's lack of support for the prosecution case.
Final Decision: The bail application was allowed, and the applicant was ordered to be released on bail upon executing a personal bond and furnishing two reliable sureties.
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.
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