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DINESH KUMAR SHARMA
Chandra Mohan Khandelwal – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. This is a petition filed by the petitioner under Section 438 Cr.P.C. seeking grant of anticipatory bail in case FIR No. 529/2021 under Sections 354 IPC, under Section 8 of POCSO Act, under Section 3/4 Child Labour Act and under Section 79 JJ Act registered at Police Station: Moti Nagar.
2. The briefly stated facts of the case are that the present FIR was registered on the statement of prosecutrix `J' on 29.08.2021, wherein she alleged thatshe was working along with her mother and brother at Home Sajawat Showroom where her petitioner/boss used to molest her.
3. It is submitted that the Interim protection was granted by this Court vide order dated 01.10.2021 which is continuing till date. IO has stated that the charge sheet has already been filed and the petitioner had joined the investigation as and when directed.
4. There is also no report of misuse of the liberty granted to the petitioner by this Court.
5. In these circumstances, as the charge sheet has already been filed, the petitioner is admitted to bail on furnishing of personal bond of Rs. 10,000/- with a surety of the like amount to the satisfaction of the learned Trial Cou
The main legal point established is the grant of anticipatory bail under Section 438 Cr.P.C. in a case involving serious allegations, with specific conditions to ensure cooperation in the investigati....
The court considered the stage of the trial, the petitioner's conduct, and the complainant's options for seeking protection in granting bail.
Grant of interim anticipatory bail and subsequent court bail with specific terms and conditions based on the applicant's cooperation in the investigation.
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 considered the seriousness of the allegations and the petitioner's responsibility for four children in deciding the bail application.
Granting of anticipatory bail and imposition of conditions to ensure cooperation in the investigation.
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 filing of the charge-sheet and the state's stance on custody of the accused in granting anticipatory bail, along with imposing specific conditions for the bail.
The court may grant anticipatory bail based on the completion of the investigation, the petitioner's cooperation, and other relevant circumstances, without delving into the merits of the case.
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