bail to an utp accused of s-376 IPC
A Truthseeker
(Querist) 17 September 2009
This query is : Resolved
An UTP detained for long and undergoing trial u/s-376IPC with several charge-sheeted witnesses is found to have been deposed by the victim girl that he is innocent and the accused is also ready to show that he has permanent residence and would not evade trial. whether the UTP should be granted bail or Court will wait till all the PWs are examind?riven
Raj Kumar Makkad
(Expert) 17 September 2009
This is not a valid consideration for bail. Courts have to take decision over bail keeping in view various facts. If court has desired only then the accused can show otherwise no matter for bail in such type of crime.riven
Kiran Kumar
(Expert) 18 September 2009
for a trial court it will not be a good ground to grant bail....HC may consider.
i contested a case in the early part of this yr, there the Sessions judge made an observation that in case the prosecutix has given affidavit that she has not been raped by the accused then there are more chances of her being influenced by the accused, the Ld. judge referred to some judgment also (m sorry, i m not having that instantly)
keeping in view the gravity of the offence it should not be granted by trial court, but in certain cases the HC has granted this concession to enable accused to arrange counsel for contesting his case.
its better to wait till the PWs are examined.riven
RAKHI BUDHIRAJA ADVOCATE
(Expert) 18 September 2009
As per SC judgment no accused be released on bail untill the witness of prosecutrix.riven
Kiran Kumar
(Expert) 18 September 2009
Rakhi will u pls let us know that particular judgment, i ll be highly thankful to u.riven
Adinath@Avinash Patil
(Expert) 20 September 2009
Dear Tapan,
There is one caes law of bombay high court citated in 2004 [2] Bombay C.R.[criminal]page 294
sayed marapalle sayed v/s state of maharashtra
criminal application no.4259/2003 decided on 17/11/2003.
Code of Criminal procedure sect.439.I.P.C.sect.376.Refusl of grant bail-challenge to-case of molesting a girl of 16 years-F.I.R. and Police report indicating prosecutrix was consenting party-Held,where victim was minor or not can be decided at evidence stage.The order of session Judge refusing the bail was not proper.
The above ruling is not direct but in my opinion it will help for needful.riven
