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RAVINDRA MAITHANI
Shahbaz – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Ravindra Maithani, J.
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 Shahbaz is in judicial custody in Case Crime No.434 of 2023, under Sections 376, 323, and 406 IPC, Police Station- Patel Nagar, District Dehradun. He has sought his release on bail.
3. Heard learned counsel for the parties and perused the record.
4. According to the FIR, the victim was working in a mall where a person introduced himself as Aman Rana and came close to the victim, giving her assurance of job. That person took the victim in a hotel and established physical relations with her, took her jewellery also. Subsequently, she came to know that it was the applicant.
5. Learned counsel for the applicant would submit that the relationship was consensual; the victim knew the real identity of the applicant from day one; they were together. Reference has been made to the statement of the victim recorded during trial when she has stated that last time she chatted with the applicant on 13.08.2023. It is argued that during investigation under Section 164 of the Code of Criminal Proced
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 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 circumstances surrounding the victim's actions and the credibility of the prosecution's case are significant factors in determining bail eligibility.
The court established that the nature of the relationship and the circumstances surrounding the allegations can influence the decision to grant bail, particularly when the victim supports the prosecu....
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.
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 nature of the relationship between the accused and the victim can be a crucial factor in determining bail eligibility.
Murder - Bail Rejected - It is case of brutal murder and chain of linked evidences is not missing - Purpose of determination of this bail application and will in no way be construed as an expression ....
The court granted bail considering the delay in FIR, victim's age, and consensual relationship, emphasizing the need for compliance with bail conditions.
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