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RAVINDRA MAITHANI
Rohit Chauhan – 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 Case Crime No. 17 of 2022, under Section 376 IPC and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012, Police Station-Chakrata, District- Dehradun. He has sought his release on bail.
3. This is the second bail application. The first bail application, being BA1 No. 1927 of 2023, was dismissed as withdrawn on 07.03.2024.
4. Heard learned counsel for the parties and perused the record.
5. According to the FIR, on 15.12.2022, the victim was not found in her home. A search was made. It was revealed that, in fact, the applicant has been telephonically in touch with the victim. They had met on multiple occasions and the applicant had exploited the victim under the pretext of marriage.
6. Learned counsel for the applicant would submit that the applicant and the victim both were in relationship. This is what the victim has stated during her examination under Section 164 of the Code of Criminal Procedure, 1973. She has stated that the ap
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 court granted bail due to the lack of evidence against the petitioner and the consensual nature of the relationship with the victim, emphasizing no risk of influencing witnesses.
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.
Kidnapped and Rape -Nature of offence, evidence, complicity of accused and submissions of learned counsel for parties, court view that applicant has made out a case for bail
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