RAVINDRA MAITHANI
Rahees – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Ravindra Maithani, J.
Applicant is in judicial custody in FIR/Case Crime No. 616 of 2023, under Sections 363, 366A, 376 (2) (n), 376 (3) IPC and Section 3(a)/4, 5 (l)/6 of the Protection of Children From Sexual Offences Act, 2012 Police Station Manglour, District Haridwar. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, the co-accused enticed the victim, a young girl on 08.06.2023 and took her alongwith him. She was not traceable when the FIR was lodged. Subsequently, the victim was recovered from the house of the applicant. She revealed that initially, the co-accused took her and established physical relations with her and thereafter, the co-accused handed over the victim to the applicant, who also established physical relations with her on multiple occasions.
4. Learned counsel for the applicant would submit that the co-accused took the victim in the house of the applicant where she stayed for about two months, but she did not raise any alarm. It is also argued that the victim never told the applicant so as to inform her family members. She also never tried to run away from the house of the applica
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 seriousness of sexual offence charges and the victim's statement are crucial factors in determining bail applications.
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 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 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 established that in cases involving serious allegations, particularly under the POCSO Act, the gravity of the charges and the victim's testimony are critical factors in determining bail eli....
The court emphasized the importance of individual roles in criminal acts when determining bail eligibility under serious charges.
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.
Bail – Courts have favoured release of young offenders on bail pending trial so that regressive influences of jail environment can be avoided and keeping in mind principle of best interest.
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.
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