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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Pankaj Kumar - Appellant
Versus
State of Uttarakhand - Respondent
First Bail Application No. 2654 of 2022
Decided On : 02-12-2022
Bail - Criminal Law - Applicant seeks release on bail - Court finds lack of supporting evidence and grants bail
Fact of the Case:
Applicant is in judicial custody in a case involving charges under Sections 376, 506 IPC and the Protection of Children from Sexual Offences Act, 2012. He seeks release on bail, claiming false implication.
Finding of the Court:
Court finds lack of supporting evidence and grants bail, considering the applicant's claim of false implication and the non-supportive stance of the victim and the mother during trial.
Issues: Bail application in a case involving serious charges of sexual offences against a child
Ratio Decidendi: Lack of supporting evidence, non-supportive stance of victim and mother, and claim of false implication by the applicant led the court to grant bail.
Final Decision: Bail application is allowed, and the applicant is to be released on bail upon executing a personal bond and furnishing two reliable sureties.
JUDGMENT
Ravindra Maithani, J. - Applicant Pankaj Kumar is in judicial custody in FIR/Case Crime No.329 of 2022, under Sections 376, 506 IPC and 5(l)/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Haldwani, District Nainital. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, it is the case of the applicant that he has been falsely implicated; the victim and the mother, both of them have not supported the prosecution case during trial.
4. Learned State counsel would submit that the record does not reveal availability of any other forensic, electronic or biological evidence.
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 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 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 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 considered the similar bail granted to co-accused and the provisions of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, in granting bail to the applicant.
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.
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