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SUBRAMONIUM PRASAD
Amit Malik – Appellant
Versus
State – Respondent
JUDGMENT
Subramonium Prasad, J. - This petition under Section 438 Cr.P.C has been filed for grant of bail in the event of arrest in FIR No. 80/2021 dated 06.04.2021 registered at Police Station Maidan Garhi for offences under Section 354, 354D, 506 IPC.
2. The facts leading to the instant case are as under :
a) It is stated that on 06.04.2021, an FIR was registered against the petitioner on a complaint given by the complainant/prosecutrix stating that she met the petitioner through a common friend in the month of May, 2020 and became friends.
b) It is stated that the prosecutrix told the petitioner that she is contesting a divorce petition with her husband and there is a dispute regarding a flat with her husband. It is stated that the petitioner offered her to buy the said flat.
c) It is stated that her husband got a stay order in August, 2020 and the prosecutrix informed the petitioner that she will not require any help regarding the said flat. It is stated that at the moment, the petitioner got to know that he will not be getting the flat, he started blackmailing and torturing the prosecutrix.
d) It is stated that in October, 2020 the petitioner asked the prosecutrix to accompany him t
The main legal point established is the careful consideration of the nature of accusations, antecedents of the accused, and the possibility of tampering with witnesses in granting anticipatory bail.
Anticipatory bail under Section 438 should be granted sparingly, especially in serious offences, considering potential risks and the necessity for thorough investigation.
Rape case – Gran of Bail - Consent of prosecutrix – Issues to be decided at Trial – No criminal antecedents of accused
Bail can be granted when the allegations do not involve direct participation in serious crimes, and the accused demonstrates willingness to cooperate with the investigation.
The seriousness of the offence, cooperation with the investigation, and the need for custodial interrogation when the accused does not provide necessary information.
Petitioner is not accused of committing rape and the fact that the petitioner has joined investigation, this Court is inclined to grant bail to the petitioner.
The legal principle established is that consent must involve active and reasoned deliberation, and a false promise of marriage must be given in bad faith with no intention of being adhered to at the ....
Anticipatory bail denied due to the serious nature of allegations involving a prostitution ring, necessitating custodial interrogation for a thorough investigation.
Grant of anticipatory bail based on lack of direct connection to the crime, collection of exhibits sent for analysis, and absence of necessity for custodial interrogation.
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