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DINESH KUMAR SHARMA
Ravi Attkan – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. The instant bail application under Section 438 of the Code of Criminal Procedure, 1973 has been filed on behalf of the applicant seeking anticipatory bail in FIR bearing No. 434/2021 registered at Police Station Mukherjee Nagar, North West (Delhi) for offences punishable under Sections 376/506/509 of the Indian Penal Code, 1860.
2. This Court vide order dated 30.03.2022 granted interim protection to the petitioner which is continuing till date. This is a matter of the record that charge sheet has already been filed and the trial is taking place.
3. Learned APP for the State on instructions confirmed that the petitioner has joined the investigation and is also now attending the trial.
4. The complainant has appeared through VC and states that even after grant of interim protection, the petitioner has been harassing and intimidating her and she wants to file the reply.
5. I consider that since the charge sheet has already been filed and the petitioner is attending the trial regularly, there is no need of keeping this application pending disposal here.
6. The complainant, if has any grievances regarding threatening or intimidating
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 likelihood of a lengthy trial and the filing of the charge sheet in granting anticipatory bail to the petitioner.
The court's decision was based on the confirmation of interim protection and admission to court bail after the charge sheet had been filed and charges framed against the petitioner.
Continuation of anticipatory bail application is unnecessary once charges are filed without arrest; petitioner can seek regular bail.
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....
Grant of interim anticipatory bail and subsequent court bail with specific terms and conditions based on the applicant's cooperation in the investigation.
Granting of anticipatory bail and imposition of conditions to ensure cooperation in the investigation.
Anticipatory bail under Section 438 is granted based on careful evaluation of circumstances, emphasizing personal liberty and the need for judicial discretion.
The court granted anticipatory bail under Section 438 Cr.P.C. based on the nature of injuries and the applicant's cooperation in the investigation, emphasizing that merits of the case are not to be c....
Dishonour of cheque and absconding of the petitioner led to the dismissal of the petition for anticipatory bail.
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