RAVINDRA MAITHANI
Raju Bundela – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
(Ravindra Maithani, J.) :
Applicant is in judicial custody in FIR No.142 of 2022,, under Sections 363, 366, 376 IPC and Section 3(a)/4 of the Protection of Children from Sexual Offences Act, 2012, Police Station- Kankhal, 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 victim, a young girl of 17 years of age, had left her house on 25.04.2022, but she did not return. It was revealed that some Soniya had enticed her away.
4. Learned counsel for the applicant would submit that the applicant and the victim both were in relationship; the applicant is also a young boy of 28 years of age; the applicant and the victim visited various places together. He would refer to the statement of the victim under Section 164 of the Code of Criminal Procedure, 1973 (“the Code”) as well as her statement before the court, in which the victim has stated so. In fact, in her statement under Section 164 of the Code, the victim has stated that she was in romantic relationship with the applicant. They wanted to marry, but their family members were not agreeable. Therefore, they left their respective ho
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 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's discretion in granting bail is influenced by the specific circumstances of the case, including the completion of the investigation, the applicant's local residency, and the absence of pri....
The court established that the gravity of sexual offenses against minors necessitates a stringent approach to bail applications, particularly when the accused is implicated in the exploitation of a v....
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 serious allegations, the nature of the relationship between the accused and the victim, as well as the victim's statements, play a crucial role in determ....
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.
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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.