Back
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Sumit - Appellant
Versus
State of Uttarakhand - Respondent
First Bail Application No. 2821 of 2022
Decided On : 23-12-2022
Bail - Release of Applicant-Sumit - The court granted bail to the applicant, who was in judicial custody in a case involving Section 376 IPC and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012, based on the victim's lack of support for the prosecution case during trial.
Fact of the Case:
Applicant-Sumit is in judicial custody in a case involving Section 376 IPC and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012. The victim did not support the prosecution case at trial.
Finding of the Court:
The court found that the victim did not support the prosecution case and stated that she did not get her medical examination. Based on this, the court concluded that the applicant deserved to be enlarged on bail.
Issues: The main issue was the applicant's eligibility for bail in a case involving serious charges under Section 376 IPC and the Protection of Children from Sexual Offences Act, 2012.
Ratio Decidendi: The court's decision was influenced by the victim's lack of support for the prosecution case and her statement regarding the medical examination.
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-Sumit is in judicial custody in FIR/Case Crime No. 245 of 2022, under Section 376 IPC and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012, Police Station Rishikesh, District Dehradun. 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 victim has not supported the prosecution case at trial. Certified copy of the statement of the victim recorded during trial has been filed.
4. Learned State Counsel was required to get instructions twice on the matter. Learned State Counsel would submit that the victim is 14 years of age, but he admits that as per the certified copy of the statement, she has not supported the prosecution case and in fact, she has stated that she did not get her medical examination.
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 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.
The seriousness of sexual offence charges and the victim's statement are crucial factors in determining bail applications.
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 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 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.
The court established that inconsistencies in a victim's testimony can significantly impact the decision to grant bail, especially in cases involving serious charges under the IPC and POCSO Act.
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
