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ANUP JAIRAM BHAMBHANI
Sanjay Malik @ Sant Sevak Das – Appellant
Versus
State – Respondent
JUDGMENT :
Anup Jairam Bhambhani, J.
By way of the present petition filed under section 439 read with section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) the petitioner seeks grant of regular bail in case FIR No. 216/2022 dated 06.03.2022 registered under sections 354/376 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Neb Sarai.
2. Notice on this petition was issued on 13.10.2022.
3. Status reports dated 28.10.2022 and 16.11.2022 have been filed. Nominal roll dated 16.02.2023 has been received from the Jail Superintendent.
4. Chargesheet in the matter has been filed on 04.05.2022; whereupon on 29.07.2022 charges were framed against the petitioner under sections 354/376 IPC.
5. As required, intimation was sent to the complainant/prosecutrix under section 439 (1-A) Cr.P.C. read with Delhi High Court Practice Directions dated 24.09.2019 in form Annexure-A; whereupon the prosecutrix appeared via video-conferencing and also sought assistance of a legal-aid counsel. Vide order dated 16.11.2022 the prosecutrix was provided counsel at State expense. The prosecutrix, who claims to be a Czech national, sought permission to join the hearings via video-conferencing, which permission was
The judgment emphasizes the nuanced consideration of consent, the impact of emotional exploitation on consent, and the distinction between consenting to a situation and consenting to sexual liaison.
The importance of addressing allegations and societal context in bail decisions.
Point of Law : Court does not mitigate allegations made by prosecutrix against petitioner in her statement under Section 164 Cr.P.C, and first statement given to police.
The court's refusal of bail reinforces that serious allegations of sexual offences require thorough examination at trial, negating claims of consensual relations based on prior friendships or financi....
The legal position on 'promise to marry' in relation to consent and the 'bail not jail' rule were central to the judgment.
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 ....
The presumption of innocence, the sufficiency of evidence, and the purpose of pre-trial incarceration were central to the court's decision in granting bail.
The court held that a conviction for rape is unsafe solely on the testimony of the prosecutrix when there is significant delay in reporting and lack of corroborative evidence.
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