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RAVINDRA MAITHANI
Shadab Hussain – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Ravindra Maithani, J.
Applicant is in judicial custody in FIR No. 386 of 2024, under Section 376, 506 IPC, Police Station Patelnagar, 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 informant started working in the office of the applicant in the year 2016. The applicant wanted to inappropriately touch the informant, to which, the informant had resisted. Subsequently, the FIR records that the informant invested money in the business of the applicant. FIR also records that in the year 2017, one day, the applicant spiked drinks of the informant, she was sexually assaulted and the applicant threatened her that, in case, it is revealed to anyone, he would made the videos viral. Thereafter, the applicant on multiple occasions established physical relations with the informant.
4. Learned Senior counsel for the applicant would submit that the victim was employee of the applicant since, 2016. They were business partners. Their relationship was friendly. The victim has raised false allegations against the applicant.
5. Learned State counsel would submit that witnesses have supported the p
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 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 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's discretion in granting bail based on the circumstances of the case and the applicant's eligibility for bail.
The court considered the lack of support from the victim and informant, along with forensic evidence, in granting bail to the applicant.
Bail may be granted when investigations are complete, charge sheets filed, and there is no risk of tampering with evidence, even amid serious allegations.
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 court granted bail to the applicant, considering the circumstances surrounding the engagement and subsequent allegations, emphasizing that observations in the order would not influence the trial.
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