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RAVINDRA MAITHANI
Ashish Kumar – Appellant
Versus
State of Uttarakhand – Respondent
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 rec
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.
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