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ALOK KUMAR VERMA
Sagar Thapa – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Alok Kumar Verma, J.
Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the First Information No.133 of 2020, registered at police station Raiwala, District Dehradun.
2. Applicant is in judicial custody under Sections 363, 376 (2) of the Indian Penal Code, 1860 and Section 5 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012.
3. As per the prosecution case, informant’s daughter left home on 08.10.2020 at around 5 a.m. When she did not return, a search was undertaken. Prosecutrix was recovered from the custody of the applicant and the applicant was arrested. According to the prosecutrix’s High School Certificate, collected during the investigation, the date of birth of the prosecutrix is 30.06.2004. Statement of the prosecutrix was recorded under Section 164 of the Code of Criminal Procedure, 1973, wherein she stated that she loved the applicant. She stayed with him in a Dharmsala in Shimla. Her physical relationship was established with him on 11.10.2020. Upon conclusion of the Investigation, charge-sheet was filed.
4. Ms. Divya Jain, Advocate, contended that t
The court considered the statements of the prosecutrix, her age, and the argument that the school leaving certificate may not be the sole basis for adjudication of her age in allowing the bail applic....
The court considered the consent of the prosecutrix and her father, the solemnization of marriage between the applicant and the prosecutrix, and the possibility of delay in the conclusion of the tria....
Bail is the rule and committal to jail is an exception, and refusal of bail is a restriction on the personal liberty guaranteed under Article 21 of the Constitution of India.
The court established that an individual cannot be detained without substantial evidence, and the right to bail is fundamental when the evidence against the accused is weak or non-existent.
An accused is entitled to be released on bail if he has been in detention for a considerable period, the charge sheet has been filed, and the trial would take considerable time to conclude.
Grant of Bail - Offence of Kidnapping and Rape - Bail is rule and committal to jail is an exception. Refusal of bail is a restriction on personal liberty of individual, guaranteed under Article 21 of....
The court may grant bail based on the duration of custody and the expected trial duration, without commenting on the merits of the case.
The Court has the discretion to grant bail based on the facts and circumstances of the case, without commenting upon the merits of the case.
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