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2020 Supreme(Del) 955

ANU MALHOTRA
Taufik – Appellant
Versus
State – Respondent


Advocates Appeared:
P.K. Dhaka, Advocate, Satendra Singh, Advocate, Kamal Kr Ghei, Advocate

JUDGMENT

Anu Malhotra, J. - The applicant, vide the present application under Section 439 of the Cr.P.C., 1973 seeks the grant of bail in relation to FIR No.322/2018, PS Sagarpur under Section 376 of the Indian Penal Code, 1860 and Section 6 r/w Section 10 of the POCSO Act, 2012 submitting inter alia to the effect that he suffers from mental illness from the time of his arrest;

    that it is on the record in the charge sheet that he did not try to run away from the place of occurrence because either as he might have not committed the offence or he might not be aware of the act which he committed due to his mental incapacity;

      that even before two years of the date of offence the applicant had undergone treatment at IHBAS but his condition did not improved as he could not visit the hospital regularly due to poor financial condition of his family;

        that as per the prescription slip issued from the department of Psychiatry Ref No. 2016-2-121666 dated 14th March 2016, it is manifestly clear that the accused/applicant has been administered Risperidone Tablets/ medicine which on a research from the website i.e. www.drugs.com and www.risperidone.com, it was found that Risperidone is an antipsyc

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