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DINESH KUMAR SHARMA
G Arun – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
BAIL APPLN. 2048/2023
1. The present application has been filed seeking regular bail in case FIR No. 299/2023 under Sections 323/354 IPC read with Section 8 of the POCSO Act registered at PS Subhash Place.
2. Learned counsel for the petitioner submits that in fact, it was a dispute between two families and the present FIR has been lodged at the instance of the parents of the prosecutrix only to attribute the provisions of the POCSO Act 2012.Learned counsel for the petitioner submits that the accused is in custody since 08.04.2022.
3. Learned counsel for the petitioner further submits that the charge- sheet has already been filed. It has been submitted that the accused is of 34 years of age and is yet to settle down in the family.
4. It has further been submitted that the trial will take a long time and therefore the petitioner may be admitted to bail.
5. Mr. SiddhrathLuthra, learned senior counsel along with Mr. Anish Ram Dabas, learned counsel has vehemently opposed the grant of bail to the petitioner.
6. Learned senior counsel submits that the petitioner has duly been named in the FIR. Learned senior counsel further submits that
The court considered the period of detention and the seriousness of the allegations in deciding to admit the petitioner to court bail.
The court considered the seriousness of the allegations and the petitioner's responsibility for four children in deciding the bail application.
The seriousness of the alleged offences and the need for thorough investigation are crucial factors in deciding on anticipatory bail applications.
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....
Offence of voluntarily causing hurt - Grant of Bail - Petitioner is in custody for last 18 months. In view of present pandemic it is unlikely that trial will commence in near future. Keeping all thes....
The testimony of the prosecutrix for an offence under Section 376 of the IPC does not require corroboration as long as it inspires confidence, but corroboration is essential for allegations under the....
Anticipatory bail can be granted when allegations against the applicant are not directly linked to the commission of serious offences, provided conditions are imposed to ensure cooperation with the i....
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