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ANUP JAIRAM BHAMBHANI
Dharmander Singh @ Saheb – Appellant
Versus
State (Govt. of NCT, Delhi) – Respondent
| Table of Content |
|---|
| 1. factual background related to the alleged offences (Para 1 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments regarding bail application and contextual assessment (Para 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 3. court observations on bail principles and pocso act implications (Para 30 , 40) |
| 4. ratio decidendi regarding presumption of guilt under pocso act (Para 34 , 36 , 68 , 72) |
| 5. final order granting bail and conditions (Para 82 , 83 , 84) |
JUDGMENT
Anup Jairam Bhambhani, J. - The applicant, who is stated to be about 24 years of age, is an accused in case FIR No. 471/2018 dated 14.10.2018 registered under sections 323/343/363/366A/376/506 IPC read with sections 6/21 of the Protection of Children from Sexual Offences Act 2012 (''POCSO Act'', for short) at PS: Hari Nagar ; and has been in judicial custody since 17.11.2018.
2. By way of the present application under section 439 of the Code of Criminal Procedure, 1973 (''Cr. P.C.'', for short), the applicant seeks regular bail.
3. Briefly, the factual backdrop that has led to filing of the subject FIR is that the applicant and the complainant/prosecutrix became friends through Facebook about 02 years back in 2016, which friendship, it is a
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