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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Krishan Kumar @ Babbu - Appellant
Versus
State of Uttarakhand - Respondent
First Bail Application No. 150 of 2023
Decided On : 16-01-2023
Bail - Release on Interim Bail - Dowry Prohibition Act, 1961 - Physical Relation under Pretext of Marriage
Fact of the Case:
The applicant is in judicial custody in a case involving multiple sections of the Indian Penal Code and the Dowry Prohibition Act. The victim alleged that the applicant established a physical relationship with her under the pretext of marriage but later declined to marry.
Finding of the Court:
The Court granted the applicant interim bail until the next date of listing, subject to the furnishing of a personal bond of Rs.10,000.
Issues: The main issue was the applicant's eligibility for bail in the case involving serious charges.
Ratio Decidendi: The Court considered the circumstances and decided to grant interim bail based on the upcoming date of listing and the requirement of a personal bond.
Final Decision: The Court granted the applicant interim bail upon furnishing a personal bond of Rs.10,000 until the next date of listing.
JUDGMENT
Ravindra Maithani, J. - Applicant Krishan Kumar @ Babbu is in judicial custody in FIR/Case Crime No. 54 of 2022, under Section 313, 323, 376 (2) (n), 377, 384, 504, 506, 509, 34 IPC and Section 4 of the Dowry Prohibition Act, 1961, Police Station Bhowali, District Nainital. He has sought her release on bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, the victim posted her marriage proposal on a website. The applicant approached her. They both started meeting. The FIR records that under the pretext of marriage, the applicant established physical relation with the victim for the first time during their visit to Uttarakhand on 23.09.2021. He continued it thereafter on multiple occasions. But subsequently, he declined to marry.
4. State to file objections.
5. List this matter on 15.04.2023.
6. Having considered, this Court is of the view that till the next date of listing, the applicant be released on interim bail, subject to his furnishing a personal bond of Rs.10,000/-only.
The Court's decision to grant interim bail was influenced by the upcoming date of listing and the requirement of a personal bond.
Granting interim bail based on the circumstances and subject to a personal bond.
The court emphasized the gravity of dowry-related offenses and the need for careful consideration of evidence at the bail stage.
Short term bail can be granted in a given case.
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 court established that allegations of dowry death require clear and specific evidence of harassment and cruelty, and the absence of such evidence can lead to the granting of bail.
Interim bail may be granted in sexual assault cases based on the facts and circumstances of the case.
The court established that the nature of the relationship and the circumstances surrounding the allegations can influence the decision to grant bail, particularly when the victim supports the prosecu....
The legal principle established is that an accused person should not be kept in custody for an indefinite period without sufficient evidence or trial, and bail may be granted under reasonable conditi....
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.
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