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RAJNISH BHATNAGAR
Vikas Malu – Appellant
Versus
State of NCT of Delhi – Respondent
ORDER
Rajnish Bhatnagar, J.
1. The present petition has been filed by the petitioner under Section 438 Cr.P.C. seeking anticipatory bail in case FIR No. 525/2022 under Sections 323/354/376/377/506/509/34 IPC registered at Police Station Kapashera.
2. In brief the facts of the case are that on 15.11.2022, the complainant filed a written complaint at Police Station Kapashera alleging therein that she was raped and threatened by her husband (petitioner herein) and co- accused Vineet Malu (son of petitioner herein). Further in the said written complaint it is also alleged that she was molested and beaten by two daughters of petitioner and on the said complaint, the present FIR No.525/2022 was registered under Sections 323/354/376/377/34 IPC against the petitioner, his son and his two daughters.
3. It is alleged that in February 2019, the petitioner called the complainant for some event discussions at A-15, Pushpanjali Farm, Bijwasan, Delhi and offered her a hard drink which she refused and thereafter, the petitioner felt offended and started mercilessly beating her and forcibly raped her at the above said place and made video of the incident.
4. It is further alleged that when the c
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....
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 importance of personal liberty and the need to consider the totality of circumstances before denying anticipatory bail.
The main legal point established in the judgment is the consideration of various factors and parameters for granting anticipatory bail, including the nature and gravity of the accusation, the anteced....
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....
Consensual nature of the relationship, lack of evidence for alleged sexual acts, and cooperation with the investigation are crucial factors in granting anticipatory bail in rape allegations.
The court emphasized that bail should be granted based on the credibility of allegations and the necessity to prevent witness tampering, establishing stringent conditions for the accused.
Anticipatory bail granted – Rape - Court should be loath to reject grant of anticipatory bail in as much unless and until there is an imminent and a great imperative to have a custodial interrogation....
Anticipatory bail should not be denied unless there is imminent need for custodial interrogation, and delays in lodging FIR do not automatically negate the prosecution's case.
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