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SAURABH BANERJEE
Jitender @ Sonu – Appellant
Versus
State (N. C. T. of Delhi) – Respondent
JUDGMENT
1. This is an application filed by the applicant under Section 439 Cr.P.C. seeking regular bail in FIR No. 188/2023 dated 06.02.2023 registered under Sections 376/506/509/109 IPC at Police Station Subhash Place, Delhi.
2. As per the FIR, the applicant met the prosecutrix on 25.05.2022 on the pretext of taking her to a job interview and instead took her in his car to a hotel in Shakurpur Delhi and committed the alleged offence. He threatened her of kidnapping her brothers. The applicant thereafter committed the alleged offence on several occasions including in December 2022 and also threatened the prosecutrix of recording her objectionable videos and making them viral.
3. The applicant was arrested on 18.03.2023 and has been in custody since then.
4. Learned counsel for the applicant submits that there has been a delay of more than 91/2 months in registering the FIR. He submits that the prosecutrix/complainant was a consenting party to the alleged act(s) and the hotel bookings were made by the prosecutrix herself in her name. For this, he has handed over photocopies of the entries of the hotel register dated 25.06.202 and 28.06.2022, which are forming a part of the char
The court emphasized the gravity of the accusations, likelihood of the offence being repeated, and reasonable apprehension of the witnesses being influenced in deciding on the application for bail.
The main legal point established in the judgment is that in cases involving bail applications for offenses under IPC, the court considers factors such as the delay in filing the FIR, evidence of forc....
Point of law: A woman’s body is not a man’s plaything and he cannot take advantage of it in order to satisfy his lust and desires by fooling a woman into consenting to sexual intercourse simply becau....
The legal position when a woman complains of sexual intercourse on a false promise of marriage requires active and reasoned deliberation for consent and a false promise given in bad faith with no int....
The court established that significant delays in filing an FIR, when unexplained, can be a critical factor in granting bail, especially in cases where the trial is expected to be prolonged.
The court considered the consensual relationship between the victim and the accused-applicant, the likelihood of a long trial, and the fact that the victim was a major lady in granting bail to the ac....
Anticipatory bail can be granted even in serious offenses if there are mitigating factors such as delay in FIR registration and cooperation with the investigation, provided that appropriate condition....
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