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ANUP JAIRAM BHAMBHANI
Babu Lal Bhawariya – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Anup Jairam Bhambhani J.
1. By way of the present petition filed under section 439 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") the petitioner seeks grant of regular bail in case FIR No. 448/2022 dated 25.06.2022 registered under section 376 of the Indian Penal Code, 1860 ("IPC") and section 6 of the Protection of Children from Sexual Offences Act, 2012 ("POCSO Act") at P.S.: Shahbad Dairy.
2. Notice on this petition was issued on 17.10.2022; consequent whereupon Status Report dated 23.01.2023 has been filed. Though no nominal roll was called for, the Investigating Officer confirms that the petitioner has been in custody from the day of his arrest on 27.06.2022.
3. Chargesheet and supplementary chargesheet have been filed in the matter.
4. The court has heard Ms. Suruchi Aggarwal, learned senior counsel appearing for the petitioner as well as Mr. Amit Sahni, learned APP appearing for the State; as also Mr. Sunil Dalal, learned senior counsel appearing for the prosecutrix in compliance of section 439(1A) Cr.P.C. The court has also heard the prosecutrix who appeared via video-conferencing, and also in chambers in-person.
Prosecution Case
5. The petitioner and the p
The importance of addressing allegations and societal context in bail decisions.
The consensual nature of a relationship and the age of the prosecutrix are crucial factors in considering bail applications in cases involving charges under the POCSO Act.
The court emphasized that voluntary relationships and proximity to adulthood can influence bail decisions, reaffirming the necessity of evaluating the risk of evidence tampering and witness intimidat....
The main legal point established is that the court must consider the real-life considerations and the impact of Section 29 of the POCSO Act when assessing bail applications in cases involving sexual ....
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.
Consent to accompany, wander or to have dinner and to stay in a room does not, in all eventuality, amount that there is consent of a girl or woman to have sexual intercourse.
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 established that a romantic relationship's dynamics and the victim's age, when determined through ossification tests, might mitigate the gravity of charges under the POCSO Act, affecting ba....
Corroboration in the prosecutrix's statements and medical evidence is crucial in determining the credibility of the prosecution's version.
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