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SUBRAMONIUM PRASAD
Akshay Rawat – Appellant
Versus
State, Govt. Of NCT Of Delhi – Respondent
JUDGMENT
Subramonium Prasad, J. - Petitioner seeks bail in FIR No. 367/2020 registered at PS Malviya Nagar for offences under Sections 376, 323 and 506 IPC. Petitioner was arrested on 1.9.2020.
2. The facts, in brief, leading upto the present petition are as follows-
i. a written complaint was made to the S.H.O. PS Malviya Nagar on 1.9.2020 that the complainant met the Petitioner on Snapchat and he had introduced himself as aarav Chaudhary working as a pilot in Indigo airlines and they started talking. The Petitioner asked her to meet him for dinner, picked her up from Krishna Mandir Khirki Extension and took her to Murthal for dinner. It is stated that on the way to Murthal, the petitioner said that his car was punctured and stopped the car on the highway and told her that until the tire was replaced, they could eat at Haldirams, to which the complainant became uncomfortable and told him she wanted to go home.
ii. It is stated that the behavior of the Petitioner changed at this juncture, he threatened her and took her to his house at BPTP Park Floor 1, House No. 001 Block G Faridabad Sector 77 and forced her to drink alcohol due to which she vomited. It is stated that the petitioner
The court considered the gravity of the offence, evidence, and the petitioner's roots in society before granting bail with stringent conditions.
The court emphasized the seriousness of both allegations and counter-allegations while granting bail, balancing the accused's community ties against the nature of the accusations.
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 consensual nature of the relationship, the age of the accused and the prosecutrix, and discrepancies in the statements given at different times are crucial factors in considering bail under POCSO....
Criminal Law - Statement of victim – Admissibility of - Statement of victim recorded U/s P.C is concerned, this is not stage to analyze such improvements and to form an opinion because at this stage,....
The main legal point established in the judgment is the need to balance the accused's liberty and the necessity of a fair trial, while also ensuring the safety of the victim and witnesses.
The seriousness of the offence, cooperation with the investigation, and the need for custodial interrogation when the accused does not provide necessary information.
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