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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Ajay Singh - Appellant
Versus
State of Uttarakhand - Respondent
First Bail Application No. 2674 of 2022
Decided On : 02-12-2022
Bail - Sexual Assault - Pretext of Marriage - Interim Bail Granted
Fact of the Case:
Applicant Ajay Singh sought release on bail in a case of sexual assault under Section 376 IPC, where he allegedly assaulted the victim under the pretext of marriage and threatened her for abortion.
Finding of the Court:
The court considered the allegations and granted the applicant interim bail till the next date of listing, subject to furnishing a personal bond of Rs.10,000.
Issues: Release on Bail in Sexual Assault Case
Ratio Decidendi: The court's decision was influenced by the facts and circumstances of the case, considering the allegations and the need for interim relief till the next date of listing.
Final Decision: The applicant was granted interim bail upon furnishing a personal bond of Rs.10,000.
JUDGMENT
Ravindra Maithani, J. - Applicant Ajay Singh is in judicial custody in FIR No.150 of 2022, under Section 376 IPC, Police Station Dineshpur, District Udham Singh Nagar. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, the applicant sexually assaulted the victim under the pretext of marriage. The victim is three months pregnant. When the victim insisted for marriage, the applicant threatened her and asked her for abortion.
4. State to file objections.
5. List on 22.03.2022.
6. Having considered the allegations, under the facts and circumstances of the case, till the next date of listing the applicant shall be released on interim bail subject to his furnishing a personal bond of Rs.10,000/-only.
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 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 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 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 considered the lack of support from the victim and informant, along with forensic evidence, in granting bail to the applicant.
Granting interim bail based on the circumstances and subject to a personal bond.
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 court may grant bail after considering factors such as the nature of the case, the co-accused's bail status, and the applicant's criminal record.
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