RAVINDRA MAITHANI
Parmanand Puri – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Hon’ble Ravindra Maithani, J. (Oral)
Applicant Parmanand Puri is in judicial custody in FIR/Case Crime No. 113 of 2022, under Sections 376, 354, 323, 506 IPC, and Section 7/8 of the Protection of Children From Sexual Offences Act, 2012, Police Station Dalanwala, District Dehradun. 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 was a young girl, when the applicant would visit her. Subsequently, the applicant established physical relations with her on multiple occasions. The victim was still a child, but she could not reveal it to her family members. Thereafter, the applicant got the victim married to a person, who was idiot. The applicant alongwith one Rakesh Kumar Gupta wanted to grab the property of the victim; they sold her shop also; bank loan was taken; Rakesh Kumar Gupta and the bank manager also sexually exploited the victim. The victim has stated during trial that the applicant was trying to molest the young daughter of the victim also in the year 2021.
4. Learned counsel for the applicant would submit it is a false case. The victim starts the story from the year 1999. She is a gro
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.
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 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 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.
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....
Grant of Regular Bail - Offence of Kidnapping, abducting or inducing woman to compel her marriage, etc - Bail is rule and committal to jail is an exception - No reason to keep applicant behind bars f....
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.