RAJNISH BHATNAGAR
Krishan – Appellant
Versus
State – Respondent
JUDGMENT
Rajnish Bhatnagar, J. - The present bail application has been filed by the petitioner under Section 438 Cr.P.C. seeking anticipatory bail in case FIR No. 644/2021 under Section 376 IPC registered at P.S. Burari.
2. Briefly stated, the facts of the case are that on 02.08.2021, the present FIR was registered on the basis of the statement of victim wherein she alleged that she interacted with the petitioner through Facebook and thereafter both of them became friends. They both started talking with each other on phone. During conversation victim disclosed her job requirement to the petitioner, on which petitioner assured to get her meeting scheduled with some of his known. On 11.07.2021, petitioner asked victim to meet her at Burari. Petitioner sent his current location and asked the victim to come at Burari More. When victim reached there, petitioner told that meeting is not possible at roadside and he took room in the OYO Rooms/Guest House at Burari More. Victim went inside the room with petitioner. Thereafter, petitioner made sexual relations with the victim against her will and he ran away from there.
3. Victim made PCR call. She reached at PS Burari and told that petitioner
Siddharam Satlingappa Mhetre vs. State of Maharashtra (2011) 1 SCC 694
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 emphasized the importance of considering the consistency of statements and the legal status of the accused when deciding on bail applications in cases involving serious allegations.
Anticipatory bail should not be denied unless there is imminent need for custodial interrogation, and delays in lodging FIR do not automatically negate the prosecution's case.
Anticipatory bail granted – Rape - Court should be loath to reject grant of anticipatory bail in as much unless and until there is an imminent and a great imperative to have a custodial interrogation....
The court emphasized the importance of considering the totality of circumstances and personal liberty before granting anticipatory bail.
The granting of anticipatory bail should consider cooperation in the investigation and not solely the severity of allegations, emphasizing personal liberty rights.
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 main legal point established in the judgment is the consideration of various factors and parameters for granting anticipatory bail, including the nature and gravity of the accusation, the anteced....
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