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AMIT SHARMA
Manish Kumar – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Amit Sharma, J.
1. The present application under Section 439 of the Code of Criminal Procedure, 1973 ('CrPC') seeks grant of regular bail in case FIR no. 366/2022, registered at PS Harsh Vihar on 08.07.2022, for offences under Sections 376/506 of the Indian Penal Code, 1860 ('IPC').
2. The case of the prosecution, as stated in the chargesheet and status report dated 09.12.2022, authored by Inspector Balram Singh, SHO, PS Harsh Vihar, is that on 08.07.2022, the prosecutrix filed a written complaint against the present applicant alleging that on 10.02.2021, Manish, the present applicant, who was her friend and neighbour, took her to an OYO Hotel in Vaishali, Ghaziabad, Uttar Pradesh, and made physical relation with her, without her consent. It was further alleged that when the prosecutrix protested against the said act, the present applicant assured her that he would get married to her. Thereafter, allegedly the applicant used to often go to the house of the prosecutrix, when she was alone, and made physical relation with her on the false pretext of marrying her. However, he has now refused to marry her. The said complaint culminated into registration of the present FIR be
The main legal point established in the judgment is that in cases involving bail applications for offenses under IPC, the court considers factors such as the delay in filing the FIR, evidence of forc....
The legal position when a woman complains of sexual intercourse on a false promise of marriage requires active and reasoned deliberation for consent and a false promise given in bad faith with no int....
The court emphasized the gravity of the accusations, likelihood of the offence being repeated, and reasonable apprehension of the witnesses being influenced in deciding on the application for bail.
Point of Law : Petitioner allegedly transmitted the obscene photographs of the prosecutrix to the prosecutrix’s brother bringing him prima facie withing the domain of Section 67 of the IT Act, 2020, ....
The court ruled that even if there appears to be consent, charges under IPC cannot be disregarded if the prosecutrix is underage, but bail is granted due to completed investigation and no prior crimi....
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merit of the case.
Point of Law : POCSO – Grant of Bail - Love affair between the petitioner and the prosecutrix and their marriage is likely to take place in near future.
Point of Law : 7. Petitioner cannot be kept behind bars for an unlimited period, as investigation is complete and challan stands presented in learned trial Court, fact that petitioner is neither in a....
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