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RAVINDRA MAITHANI
Vishal Baien – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
RAVINDRA MAITHANI, J.
1. Delay in filing counter affidavit is condoned. Counter affidavit is taken on record. Delay Condonation Application, IA No. 1 of 2024, stands disposed of, accordingly.
2. Applicant is in judicial custody in FIR No. 343 of 2022, under Sections 363, 366, 376(3) IPC and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Sitarganj, District Udham Singh Nagar. He has sought his release on bail.
3. Heard learned counsel for the parties and perused the record.
4. According to the FIR, on 22.08.2022, at about 7:15 AM, the victim left her home for school, but she did not return. A search was made. It was revealed that it is the applicant, who had enticed the victim.
5. Learned counsel for the applicant would submit that the applicant is in custody for more than one and a half years; 10 witnesses have been examined; had it been a case of enticement, the victim would have raised alarm at various places, where she allegedly went with the applicant.
6. Learned State Counsel would submit that the victim has supported the prosecution case at trial.
7. It is a stage of bail. Much of the discussion is not expected of. Arguments are be
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 court established that the determination of bail should consider the context of the relationship and the actions of the victim, while ensuring that the decision does not prejudice the trial.
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.
Anticipatory bail can be granted in cases of serious allegations if the court finds that the circumstances, including the nature of the relationship and the potential for cooperation with the investi....
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 seriousness of sexual offence charges and the victim's statement are crucial factors in determining bail applications.
Bail granted due to lack of evidence for enticement of a minor.
The court granted bail to the applicant under IPC Sections 376 and 506, emphasizing the need for conditions to protect the informant and ensure trial integrity.
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