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SWARANA KANTA SHARMA
Ravi Bhushan Upadhyay – Appellant
Versus
State – Respondent
JUDGMENT
Swarana Kanta Sharma, J. The instant application under Section 438 of the Code of Criminal Procedure, 1973 (`Cr''.C..) has been filed on behalf of applicant seeking anticipatory bail in FIR bearing no. 389/2023 registered at Police Station Bindapur, Delhi for offences punishable under Section 376 of Indian Penal Code, 1860 (`IPC').
2. Issue notice, Mr. Satish Kumar, learned APP accepts notice on behalf of the State.
3. Brief facts of the case, as per FIR, are that the victim has leveled allegations that the victim was employed in Delhi and she had come in contact with applicant in the year 2015 who was employed in Dibrugarh, Assam and they used to interact during course of their employment and job requirements. It is alleged by the victim that initially she had rejected the advances made by the applicant but upon regular insistence of the applicant, she had agreed to become friends with her after about four-five years and they had started talking to each other regularly through phone calls and video calls. It is also alleged that on 20.02.2021, the applicant had taken her to a hotel where physical relations were established between them on pretext of marriage. It is also
The main legal point established in the judgment is that in cases involving serious allegations, the accused's conduct, including absconding and failure to join the investigation, can influence the c....
The decision emphasizes the importance of considering overall facts and circumstances, including the need for custodial interrogation, in granting anticipatory bail.
Point of Law : In view of the settled position of the law as discussed above, applicant/accused has carved out a strong case of anticipatory bail in his favor. The anticipatory bail granted to applic....
The main legal point established in the judgment is the importance of the victim's statement under Section 164 Cr.P.C., the distinction between rape and consensual sex based on false promises, and th....
The legal point established is that a false promise leading to sexual intercourse and breach of promise can constitute a prima facie case of kidnap, rape, and cheating under the Indian Penal Code.
Anticipatory Bail Application has to be based on concrete facts and not vague or general allegations relatable to offence and why applicant reasonably apprehends his or her arrest, as well as his ver....
A married person cannot induce another married person into a physical relationship on a false promise of marriage.
applicant is not entitled for anticipatory bail on the ground that applicant was not only declared proclaimed offender under Section 82 Cr.P.C. but proclamation of attachment of property was also iss....
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