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ANU MALHOTRA
Rajender Singh – Appellant
Versus
State – Respondent
JUDGMENT :
Anu Malhotra, J.
1. The applicant vide the present application under Section 438 of the Cr.P.C., 1973, seeks the grant of anticipatory bail in relation to FIR No. 151/2021, Police Station Special Cell (Lodhi Colony, Delhi) registered under Sections 120B/198/199/200/420/468/471 of the Indian Penal Code, 1860, submitting to the effect that he has been falsely implicated in the instant case and has no role whatsoever to play in relation to the allegations levelled against him qua the alleged commission of offences punishable under Sections 120B/198/199/200/420/468/471 of the Indian Penal Code, 1860.
2. The genesis of the FIR in the instant case is an interim bail application filed by the son of the present applicant, named Yogesh @ Tunda in relation to FIR No.252/2018 Police Station Alipur under Sections 3 & 4 of the MCOC Act, wherein the son of the applicant herein filed an application seeking grant of interim bail on 28.05.2021 dated 27.05.2021 on the ground that his father, i.e., the applicant herein, had tested positive for COVID-19. The learned Trial Court directed the verification of the said report and it was found that the COVID-19 report was forged as the original rep
Rejection of Bail - False COVID positive report - Applicant’s presence is required through his custodial interrogation to trace out the links in the chain of the alleged conspiracy for making of the ....
Point of law: Grant of bail based on Forged and fabricated Covid-19 certificate - Court in exercise of powers under S. 340 Cr.P.C. read with S. 195 Cr.PC., directs Registrar General to refer matter t....
(1) Present pandemic situation requires that an accused involved in offences attracting imprisonment only up to seven years need not be arrested and confined to custody unless it is essential and im....
The necessity of custodial interrogation based on the gravity of the offences and the complicity of the petitioner in serious allegations of rape and abduction.
The court emphasized that anticipatory bail should not be granted if it hampers investigation, especially in cases involving economic offences.
Point of law : personal knowledge of the advocate of the applicant is being narrated in the affidavit to suggest the same to be the personal knowledge of the applicant.
(1) Once a person has chosen to approach High Court praying for grant of anticipatory bail, by operation of law, his opportunity to approach Sessions Court gets extinguished.(2) Right to life guarant....
The main legal point established in the judgment is that a habitual offender involved in drug-related activities is not entitled to anticipatory bail under the NDPS Act, and custodial interrogation m....
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