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AMIT BANSAL
Vivek Kumar Gupta – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Amit Bansal, J. By way of the present application, the petitioner seeks regular bail in FIR No.253/2023 under Sections 354D/376/509 of Indian Penal Code, 1860 (IPC) registered at Police Station Mandawali, Delhi.
2. Brief facts of the case are as under:
i. The applicant, being a young boy of 21 years of age, has been a friend of the victim's brother from the year 2021 and since then, the complainant/victim, her brother and the applicant used to visit each other's house.
ii. During the period of Covid-19 pandemic, the family of the complainant/victim was facing financial issues and at that time, the complainant and her brother approached the applicant for financial help of Rs.1,00,000/-.
iii. The applicant gave a total amount of Rs.72,000/-and the complainant and her family members assured that this amount will be returned within four to five months.
iv. In July and December, 2022, when the applicant asked the complainant and her family members to return the money, the complainant and her family members stopped taking the phone calls of the applicant and furthermore, blocked his number.
v. Thereafter, the present FIR was registered on 10th May, 2023.
3. Counsel for the applicant
The main legal point established in the judgment is the court's discretion to grant bail based on the overall facts and circumstances of the case, the statements of the complainant, and the conduct a....
The court established that significant contradictions in witness statements can influence the decision to grant bail, particularly when balanced against the age and circumstances of the accused.
The court considered the consensual relationship and age difference between the petitioner and the prosecutrix as influential factors in granting bail to the accused petitioner.
The central legal point established in the judgment is the significance of the minor victim's statement expressing consent to the relationship and reluctance to pursue legal action against the petiti....
The seriousness of the allegations and the need to protect the future and reputation of a minor weighed against granting bail, despite the compromise between the parties.
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances of the case and the statements of the prosecutrix do not justify continued custody.
An accused is entitled to statutory bail if the final report is not filed within the requisite time under Section 167(2)(a)(i) of the Code of Criminal Procedure.
The court established that in cases involving minors, the victim's consent and relationship dynamics can influence bail decisions, provided that safeguards against potential harm are implemented.
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