Back
SUBRAMONIUM PRASAD
Gaurav Malik – Appellant
Versus
State Of NCT Delhi – Respondent
JUDGMENT
Subramonium Prasad, J. - These petitions have been filed under Section 438 Cr.P.C. seeking grant of bail to the Petitioners in the event of arrest in FIR No. 53/2022 dated 11.01.2022 registered at Police Station Khyala for offences under Sections 376/376(2)(n)/323/342/34 of the Indian Penal Code, 1860 (hereinafter, 'IPC') and Section 6 of the Protection of Children from Sexual Offences act, 2012 (hereinafter, 'POCSO').
2. The facts, in brief, leading up to the filing of both the petitions are as follows:
a) It is stated that the prosecutrix is a sales girl at a jewellery shop in Karol Bagh. She has been separated from her husband since 2012, however, she has been residing at a flat in Uttam Nagar which is the name of her husband.
b) On 10.03.2019, while the prosecutrix was at her job, she received a call from a friend of her husband, Ranjit Singh Chauhan (Petitioner in BaIL aPPLN. 442/2022) who informed her that both her children - a son of 18 years of age, and a daughter of 15 years of age - were with him and he asked her to come home quickly. The prosecutrix rushed home to find Ranjit Singh, along with four persons, namely Vinay Bhasin, Sunil Kumar Sheela, Raghu Bansal and
The seriousness of the offence, cooperation with the investigation, and the need for custodial interrogation when the accused does not provide necessary information.
Rape case – Gran of Bail - Consent of prosecutrix – Issues to be decided at Trial – No criminal antecedents of accused
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.
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.
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.
Bail – Court should be circumspect in granting bail in POCSO cases.
Inducement to have a physical relationship by promising marriage must have a clear nexus with moment promise of marriage cannot be held out as an inducement for engaging in sex over a protracted and ....
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
