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RAJNISH BHATNAGAR
Bavneet Singh Alagh – Appellant
Versus
State NCT Of Delhi – Respondent
JUDGMENT
Rajnish Bhatnagar, J. - This is a petition filed by the petitioner under Section 438 Cr.P.C. seeking anticipatory bail in FIR No. 538/2021 under Sections 354/506 IPC and Section 10 of the POCSO act registered at Police Station Hari Nagar.
2. In brief the facts of the case are that on 23.09.2021, a complaint by prosecutrix "a" was marked to SI Krishan Kumar for further necessary action wherein prosecutrix stated that her aunt's boy Bavneet Singh alagh (Petitioner herein) S/o Sh Ranjeet Singh alagh R/o R-20, Maszid Road, Jangpura Bhogal, New Delhi, was harassing her for several months for having physical relationship. The prosecutrix alleged that the petitioner has sent threatening messages to the prosecutrix. On 21.03.2021, the petitioner was present at the house of the victim and the same day early in the morning around 6-7 a.m., when everyone was sleeping in the house, petitioner started touching the prosecutrix inappropriately and when she started making noise, the petitioner suppressed her mouth and assured her that he will not do anything in near future. The petitioner also threatened her that if she told anything to anyone then he would kidnap her. On the above said com
The main legal point established is the court's discretion in granting anticipatory bail based on the petitioner's cooperation with the investigation, absence of custodial interrogation requirement, ....
Anticipatory bail granted due to completed investigation and absence of arrest, with conditions imposed to ensure cooperation and prevent tampering.
The court emphasized the importance of considering the totality of circumstances and personal liberty before granting anticipatory bail.
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 granting of anticipatory bail should consider cooperation in the investigation and not solely the severity of allegations, emphasizing personal liberty rights.
The seriousness of the allegations, cooperation in the investigation, and verification of the victim's age are crucial factors in considering anticipatory bail applications.
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