Back
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
RAVINDRA MAITHANI, J.
Ashish Kumar – Appellant
Versus
State of Uttarakhand – Respondent
First Bail Application No. 588 of 2024
Decided On : 16-05-2024
BAIL - PROTECTION OF CHILDREN FROM SEXUAL OFFENCES - The court granted bail to the applicant, considering the victim's age and the nature of their relationship, while emphasizing the need for conditions to prevent contact with the victim and tampering with evidence. The court referenced previous cases where similar circumstances led to bail being granted, indicating a legal precedent for such decisions.
Fact of the Case:
The applicant, Ashish Kumar, is in judicial custody for alleged offenses under Section 376 (3), 323 IPC, and Section 3/4 of the Protection of Children From Sexual Offences Act, 2012, involving a 14-year-old victim whom he allegedly enticed.
Finding of the Court:
The court acknowledged the victim's statement indicating a relationship with the applicant and noted that the age of the victim was in question. It emphasized that the bail stage does not require extensive discussion on merits.
Issues: Whether the applicant should be granted bail considering the allegations and the victim's age, as well as the nature of their relationship.
Ratio Decidendi: The court relied on previous judgments that granted bail in similar cases, highlighting the importance of the relationship between the applicant and the victim and the need for protective conditions to ensure the victim's safety.
Result: The bail application was allowed, with the applicant required to execute a personal bond and provide two sureties, along with conditions to prevent contact with the victim and tampering with evidence.
JUDGMENT :
RAVINDRA MAITHANI, J.
1. Applicant Ashish Kumar is in judicial custody in connection with Special Sessions Trial No. 12 of 2023 in Case Crime No. 01 of 2023, under Section 376 (3), 323 IPC and Section 3/4 of the Protection of Children From Sexual Offences Act, 2012, Police Station Patti Dabralsyun-4, Tehsil Lansdown, District Pauri Garhwal. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, the applicant enticed the victim, a young girl of 14 years. He was caught by the informant and others and was taken to Patwari Chowki.
4. Learned counsel for the applicant would submit that the age of the victim is doubtful. She would submit that the applicant and the victim both were in the relationship.
5. Learned State counsel would submit that the victim is a child. She has stated that forcible the applicant took her along with him.
6. It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial or in any other proceedings.
7. It is admitted that in her statement recorded under Section 164 of the Code of Criminal Procedure, 1973 (“the Code”), the victim has stated that she and the applicant, both were in relationship and they wanted to marry each other.
8. In the cases of Mahesh Kumar v. State (NCT of Delhi), 2023 SCC Online Del 2634, Faizan Wahid Baig v. State of Maharashtra, MANU/MHOR/62774/2022, Vijaylakshmi and Another v. State and Another, 2021 SCC Online Mad 317, Shri John Franklin Shylla v. State of Meghalaya and Another, 2023 SCC Online Megh 303 and Ashik Ramjali Ansari v. State of Maharashtra and Another, 2023 SCC Online Bom 1390, the Courts have either granted bail or quashed the proceedings or acquitted the accused in the cases like instant one.
9. Having considered, this Court is of the view that subject to certain conditions, the applicant may be enlarged on bail.
10. The bail application is allowed.
11. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned, subject to the following conditions:
(ii) The applicant shall not directly or indirectly make any inducement, threat or
promise to any person acquainted with facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer and the applicant should not tamper with evidence.
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 minors, the victim's consent and relationship dynamics can influence bail decisions, provided that safeguards against potential harm are implemented.
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.
The lack of support from the victim and absence of forensic, electronic, or biological evidence can be influential factors in granting bail in criminal cases.
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 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
