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RAJNISH BHATNAGAR
Manish Kumar – Appellant
Versus
Govt. of NCT of Delhi – Respondent
ORDER
Rajnish Bhatnagar, J.—This is a petition filed by the petitioner under Section 438 Cr.P.C. seeking anticipatory bail in FIR No. 585/2021 under Sections 376(2)(n)/377/328/506 IPC registered at P.S. New Ashok Nagar.
2. In brief the facts of the case are that the instant FIR No. 585/2021 dated 18.11.2021, U/s. 376(2)(n)/377/328/506 IPC was registered at P.S. New Ashok Nagar, on the basis of Zero FIR No. 0001/21 dated 07.10.21 U/s. 376(2)(n)/377/328/506 IPC registered at P.S. Seelampur, Delhi, which was lodged on the complaint of the prosecutrix. The prosecutrix has alleged that she met a boy namely Manish Kumar Mishra @ Monu (Petitioner herein) S/o. Lai Bahadur Mishra R/o. Pure Durgadeen Tiwari, Bahorikpur, Purabgaon, P.S. Gauriganj, Amethi Distt., U.P., through Facebook on 05.08.2019 and thereafter, they started talking with each other. In the first week of September 2019, Manish called her to go to Dehradun for celebrating his birthday, to which she agreed and on reaching Dehradun, they checked in to a hotel where she was provided breakfast by Manish and after consuming it, she felt uncomfortable and she laid down on bed for rest but she fell asleep. After waking up, she fo
Allegations of threatening – Custodial interrogation – There is nothing on record to suggest that there are any allegations of tampering with the evidence by the petitioner and as far as the allegati....
The granting of anticipatory bail should consider cooperation in the investigation and not solely the severity of allegations, emphasizing personal liberty rights.
The court emphasized the importance of considering the totality of circumstances and personal liberty before granting anticipatory bail.
Anticipatory bail granted due to completed investigation and absence of arrest, with conditions imposed to ensure cooperation and prevent tampering.
Consensual nature of the relationship, lack of evidence for alleged sexual acts, and cooperation with the investigation are crucial factors in granting anticipatory bail in rape allegations.
The main legal point established is the court's discretion in granting anticipatory bail based on the petitioner's cooperation with the investigation, absence of custodial interrogation requirement, ....
The totality of circumstances should be considered before granting or denying anticipatory bail, and stringent conditions may be imposed to address concerns of influencing the victim.
The court's decision highlighted the importance of considering the totality of facts and circumstances, including the delay in filing the FIR, inconsistencies in the victim's allegations, and the pet....
The court's refusal of bail reinforces that serious allegations of sexual offences require thorough examination at trial, negating claims of consensual relations based on prior friendships or financi....
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