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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Govind - Appellant
Versus
State of Uttarakhand - Respondent
First Bail Application No. 2655 of 2021
Decided On : 02-01-2023
Bail - Criminal Law - Release of Applicant on Bail
Fact of the Case:
Applicant sought release on bail in a case involving charges under Sections 376, 377 IPC and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012.
Finding of the Court:
The victim and the informant did not support the prosecution case. The forensic report revealed the DNA of the applicant on the victim. The court found the case fit for bail and granted the applicant's release on bail.
Issues: Support of prosecution case by victim and informant, forensic evidence
Ratio Decidendi: The lack of support from the victim and informant, coupled with the forensic evidence, led the court to grant bail to the applicant.
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 Govind is in judicial custody in FIR No.201 of 2021, under Sections 376, 377 IPC and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Rudrapur, District- Udham Singh Nagar. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. It is argued by learned counsel for the applicant that the victim and the informant, who is the father of the victim, both have not supported the prosecution case.
4. Learned State Counsel admits that the informant and the victim both have not supported the prosecution case, but according to him, the forensic report reveals that on the top of the victim, the DNA of the applicant was also detected.
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 court considered the lack of support from the victim and informant, along with forensic evidence, 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 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 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 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.
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 court established that at the bail stage, the presumption of innocence prevails, and the seriousness of allegations must be weighed against the applicant's rights, leading to the conclusion that ....
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....
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