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RAJNISH BHATNAGAR
Ankit Pradhan @ Ankit Singh – Appellant
Versus
State NCT of Delhi – Respondent
ORDER
Rajnish Bhatnagar, J.
CRL.M.A. 25698/2022 (Condonation of delay in re-filing)
For the reasons stated in the application, delay of 19 days in re-filing the petition is condoned. The application stands disposed of.
BAIL APPLN. 3663/2022
1. The present bail application has been filed by the petitioner under Section 438 Cr.P.C. seeking anticipatory bail in case FIR No. 787/2022 under Section 376 IPC registered at Police Station Wazirabad.
2. In brief, the facts of the case are that on 04.10.2022, the victim aged around 22 years reported in the police Station Wazirabad that she was sexually assaulted by the petitioner on the pretext of marriage and her statement was recorded in which she alleged that on 12.07.2021, petitioner called her on her phone and thereafter they both started talking with each other. The victim further alleged that on 13.07.2021, petitioner called her at his residence at Wazirabad, where she reached at the given address and she further alleged that there were two rooms in the flat. In one room friend of the petitioner was present and in the other room petitioner was present. She alleged that the petitioner promised to marry her and asked her to make physical r
The court emphasized the importance of considering the consistency of statements and the legal status of the accused when deciding on bail applications in cases involving serious allegations.
The totality of circumstances should be considered before granting or denying anticipatory bail, and stringent conditions may be imposed to address concerns of influencing the victim.
Anticipatory bail should not be denied unless there is imminent need for custodial interrogation, and delays in lodging FIR do not automatically negate the prosecution's case.
Anticipatory bail granted – Rape - Court should be loath to reject grant of anticipatory bail in as much unless and until there is an imminent and a great imperative to have a custodial interrogation....
The main legal point established is the need to carefully examine the nature of the relationship, the genuineness of the prosecution, and the balance between the rights of the accused and the interes....
The granting of anticipatory bail should consider cooperation in the investigation and not solely the severity of allegations, emphasizing personal liberty rights.
The court emphasized the importance of considering the totality of circumstances and personal liberty before granting anticipatory bail.
Allegations of threatening – Custodial interrogation – There is nothing on record to suggest that there are any allegations of tampering with the evidence by the petitioner and as far as the allegati....
Consensual nature of the relationship, lack of evidence for alleged sexual acts, and cooperation with the investigation are crucial factors in granting anticipatory bail in rape allegations.
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