Back
RAJNISH BHATNAGAR
Mahender Swami – Appellant
Versus
State (NCT Of Delhi) – Respondent
JUDGMENT
Rajnish Bhatnagar, J. - By way of this order, I shall dispose of the present petition filed under Section 439 Cr.P.C. on behalf of the petitioner for grant of bail in case FIR No. 0279/2017 U/s 328/365/376-D IPC, P.S. Kirti Nagar (Distt. West), New Delhi.
2. Briefly stated, the facts of the case are that on 24.08.2017 on receiving DD No. 14-A SI Asha Singh reached at E.S.I. Hospital, Basai Dara Pur, Delhi, where she found the victim admitted vide MLC No. 524/17. The victim was not in a position to give the statement. Therefore, on the basis of DD No. 14-A and as per the contents of the MLC, the present FIR was registered. In her MLC, the victim gave the alleged history of kidnapping on 8 July 2017 by 4 people from Kirti Nagar by auto after inhalation of drug and then she was gang raped 5-7 times at unknown place, thereafter, she was left at her home.
3. I have heard the Ld. counsel for the petitioner, Ld. APP for the state and have also gone through the records of this case.
4. It is submitted by the Ld. counsel for the petitioner that the petitioner has been falsely implicated. It is further submitted by him that the prosecutrix had given different version in her different st
Testimony inconsistency does not negate the seriousness of allegations in a bail application; grave accusations warrant denial of bail regardless of alleged discrepancies.
The main legal point established in the judgment is the importance of evaluating the evidentiary value of the prosecutrix's statement for the purpose of granting bail, and the court's authority to ta....
Inconsistent statements from the prosecutrix and lack of sufficient incriminating evidence justified the grant of bail to the accused, highlighting the necessity for a prima facie case for custody.
Grant of Bail - Offence of Sexual Offence and commit suicide - In view of different versions of prosecutrix forthcoming and other material placed on record like MLC, call detail record and in peculia....
The gravity of the allegations and the impact of pandemic conditions on trial delays influenced the court's decision to dismiss the bail application.
Bail applications under serious charges involving minors require strong grounds for grant, especially when testimony is ongoing and credibility is in question.
The court considered the period of incarceration, completion of witness examination, and the lack of fruitful purpose in keeping the petitioner detained in prison as key factors in allowing the bail ....
The delay in filing the FIR and the conduct of the complainant can raise doubts about the credibility of the allegations in cases of sexual offenses.
The significance of delay in filing the FIR, lack of supporting evidence, and voluntary actions of the complainant and the accused and his family are crucial factors in considering bail applications ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
