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DINESH KUMAR SHARMA
Osama Javed – Appellant
Versus
State Anr. – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present application has been filed under section 439 Cr.P.C seeking grant of regular bail in FIR No. 361/2022 under Sections 354/354(D)/356/379/506 IPC and Section 12 POCSO registered at PS Jamia Nagar
2. Brief facts of the case are that the present FIR No. 361/2022 under Sections 354/354(D)/356/379/506 IPC and Section 12 POCSO registered at PS Jamia Nagar was lodged on the statement of prosecutrix A wherein it was alleged that the petitioner was stalking and harassing her and he used to stand in the way of the complainant and was putting pressure on the victim for talking to her.
3. It was further alleged that the petitioner extended threats to throw acid on her if she would not talk to him. Complainant alleged that on 30.08.2022 at about 02:00 PM when the complainant reached at her coaching centre ACME carrier point, Nafees Road Batla house, Jamia Nagar, New Delhi the petitioner was already present on the stairs and caught hold of the complainant's hand and on being objected, the petitioner misbehaved and snatched her mobile phone and ran away.
4. After the registration of the FIR the petitioner was arrested on 04.09.2022 and the pet
The court considered the petitioner's personal circumstances, lack of criminal history, and completion of investigation as key factors in granting bail, while also taking into account the lack of opp....
The court considered the grounds for granting bail, including the prima facie case, the possibility of the accused being away from the cause of justice, and the possibility of intimidating or threate....
The court may grant bail to an accused considering the length of time in custody and the progress of the case.
The court considered the stage of the trial, the petitioner's conduct, and the complainant's options for seeking protection in granting bail.
The court considered the completeness of the investigation, recovery of the weapon, lack of framed charges, and the petitioner's clean antecedents in granting bail under Section 439 Cr. PC.
The court considered the likelihood of a lengthy trial and the filing of the charge sheet in granting anticipatory bail to the petitioner.
The court considered the period of detention and the seriousness of the allegations in deciding to admit the petitioner to court bail.
The court has the discretion to grant bail, even in serious cases, subject to imposing appropriate conditions to ensure the safety and compliance of the accused.
The court established that the right to bail can be granted based on the circumstances of the case, including the nature of the allegations and the status of co-accused.
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