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SWARANA KANTA SHARMA
Babita Arya – Appellant
Versus
State of NCT of Delhi – Respondent
Headnote: Read headnote
JUDGMENT
Swarana Kanta Sharma, J.(Oral)
CRL.M.A. 21968-69/2023 in BAIL APPLN. 2719/2023
CRL.M.A. 21970-71/2023 in BAIL APPLN. 2720/2023
1. Allowed, subject to all just exceptions.
2. Applications stand disposed of.
BAIL APPLN. 2719/2023 & BAIL APPLN. 2720/2023
3. The instant applications under Section 438 read with Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') have been filed on behalf of applicants seeking grant of anticipatory bail in case FIR bearing no. 106/2018, registered at Police Station Dabri (Dwarka), South West Delhi for the offences punishable under Sections 420/467/468/471/120B of the Indian Penal Code, 1860 (`IPC').
4. Issue notice. Mr. Manoj Pant, learned APP accepts notice on behalf of the State.
5. Briefly
The main legal point established in the judgment is that the grant of anticipatory bail is not warranted when the accused persons are alleged to have cheated multiple parties and have a modus operand....
The court emphasized that giving false undertakings and misleading the courts amounts to a travesty of justice.
The court emphasized the seriousness of the allegations, the importance of cooperation with the investigation, and the relevance of pending criminal cases in deciding on anticipatory bail application....
Anticipatory bail can be granted even when Non-Bailable Warrants are issued, depending on the specifics of the case and the applicant's willingness to cooperate with the investigation.
The court emphasized the importance of custodial interrogation in cases involving allegations of cheating and the need to uncover conspiracy and money trail.
Anticipatory bail is an extraordinary privilege granted only in exceptional cases, and the nature and gravity of the accusation must be considered before granting such bail.
The power of anticipatory bail under Section 438 of the Cr.P.C. is to be exercised in exceptional cases, and custodial interrogation may be necessary for effective investigation in certain cases.
The court denied anticipatory bail due to substantial evidence of cheating under IPC sections.
The main legal point established in the judgment is that the conduct of the accused, including avoiding investigation and evading the process of law, influenced the court's decision in denying antici....
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