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DINESH KUMAR SHARMA
Dharmender – Appellant
Versus
State NCT of Delhi Through Sho Ps North Rohini – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present application has been filed under Section 438 r/w 482of Cr.P.C. for grant of anticipatory bail in case FIR No. 318/2023 for the offence under Section 376/354(A)/354(B) IPC & 8/13 POCSO Act registered at P.S. North Rohini.
2. Learned APP for the State has filed the detailed status report. Learned APP submits that as per the CDR examination, the petitioner did not visit Rohini on 04.03.2023, however he visited on 03.03.2023 between 2.30 A.M. to 3.20 A.M. Learned APP also submits that on 04.03.2023, the alleged had made physical relations with complainant and sexually assaulted her daughter. Learned APP further submits that as per CDR analysis his location was not found in the area of Rohini.
3. Further, learned APP submits that however on 20.07.2023 while the victim had gone to the market, she was threatened by a masked person for which she immediately got a complaint lodged on 112 emergency number and thereafter police reached there. Learned APP has submitted that rather the victim attempted to commit suicide. Learned APP has submitted that the matter is under investigation. He submits that anticipatory bail may not be granted to
The seriousness of the alleged offences and the need for thorough investigation are crucial factors in deciding on anticipatory bail applications.
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....
The severity of allegations and the necessity of custodial interrogation are crucial factors in determining the grant of anticipatory bail.
The court emphasized that anticipatory bail should not be granted in cases involving serious allegations, even if custodial interrogation is not necessary, focusing on the prima facie case and nature....
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