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RAVINDRA MAITHANI
Mohd. Shakir – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Ravindra Maithani, J. - Applicant Mohd. Shakir is in judicial custody in FIR No.31 of 2022, under Section 313 IPC and Section 16/17 of the Protection of Children from Sexual Offences Act, 2012, Police Station Kelakhera, District- Udham Singh Nagar. 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 the victim has not supported the prosecution case.
4. In this case, the allegations were that in the hospital of the applicant, the foetus of the victim was got aborted. On 16.12.2022, the Court wanted to know from the learned State Counsel as to which documents have been recovered during investigation suggesting that the applicant committed offence in his hospital?
5. Today learned State Counsel would submit that there is no such document.
6. 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.
7. The bail application is allowed.
8. 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 main legal point established in the judgment is that the lack of evidence supporting the prosecution case, including the absence of incriminating documents recovered during the investigation, can....
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.
Interim bail may be granted in sexual assault cases based on the facts and circumstances of the case.
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 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 lack of support from the victim and absence of forensic, electronic, or biological evidence can be influential factors in granting bail in criminal cases.
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