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RAJNISH BHATNAGAR
Nirmala Devi – Appellant
Versus
State (NCT ) Of Delhi – Respondent
JUDGMENT
Rajnish Bhatnagar, J. - By way of this common order, I shall dispose of the petitions filed by the petitioners under Section 438 Cr.P.C. read with Section 482 Cr.P.C. seeking anticipatory bail in FIR No. 70/2021 under Sections 376/354/323/506/34 IPC registered at Police Station Hari Nagar.
2. In brief, the facts as per the case of the prosecution are that on 26.02.2021, two PCR calls were received at PS Hari Nagar vide DD Nos.30A & 36A regarding quarrel at WZ-47, Tihar Village, and the same were marked to ASI Niranjan. ASI Niranjan along with HC Jitender No. 1838/W reached at WZ-249, G-47, Tihar Village, Delhi. There it came to know that injured had already been shifted to DDU Hospital by PCR van. ASI reached DDU hospital. There injured prosecutix 'R' was found admitted vide MLC No. 80/21. Doctor mentioned A/H/O physical assault and sexual assault in MLC. The injured was shifted to Safderjung hospital. In Safderjung hospital statement of prosecutix 'R' was recorded in the presence of her father Nemi Chand. She stated that she runs a shop of small articles at WZ 249, G-47, Tihar Village, Delhi. On 20.11.2020, her husband expired due to illness. Her husband was owner of the ho
The main legal point established in the judgment is that custodial interrogation may not be required in cases where there are discrepancies in the statements and complaints against the investigating ....
A petitioner in judicial custody may be granted bail when allegations improve over time and family disputes are involved, but the trial's integrity must be safeguarded.
The court's decision highlighted the importance of considering the totality of facts and circumstances, including the delay in filing the FIR, inconsistencies in the victim's allegations, and the pet....
The court's discretion in granting anticipatory bail is influenced by the gravity of the alleged offences and the likelihood of repeated commission by the accused.
The importance of personal liberty and the need to consider the totality of circumstances before denying anticipatory bail.
Anticipatory bail can be granted keeping in view old age and medical condition of accused.
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