Back
SAURABH BANERJEE
Sushant Kaushik – Appellant
Versus
State – Respondent
ORDER
1. The applicant vide the present application under Section 438 of the Code of Criminal Procedure, 1973 [CrPC] is seeking anticipatory bail in FIR No.180/2023 dated 19.07.2023 registered under Sections 313/323/376/377/506/509/201/120B of the Indian Penal Code, 1860 [IPC] at PS.: Sector 23 Dwarka, Delhi.
2. As per FIR, the prosecutrix met the applicant in February, 2022 in the College where the applicant was a 'Student', wherein the prosecutrix was/ is a 'Professor'. The prosecutrix alleges that in May, 2022, while she was on an official trip to Manali, they got married in a small temple and the applicant promised to legally marry her in future.
3. She further alleges that she also met the family members of the applicant on 04.06.2022 at his home who had no objection to their marriage. Later, on 04.02.2023, the applicant disappeared and it was only on 07.02.2023 that the applicant contacted the prosecutrix and informed her that he was being kept captive in his maternal-aunt's home.
4. Further, as per FIR, after coming to know about the pregnancy of the prosecutrix in April, 2023, the applicant and his family forced her to abort the child, in furtherance of which, a pill was admini
Grant of anticipatory bail based on the factual matrix, conduct of the parties, and lack of threat perception from the prosecutrix.
The court emphasized the importance of specific instances and evidence in allegations of harassment and referred to the settled law for the charge under Section 306 of the IPC.
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....
A married person cannot induce another married person into a physical relationship on a false promise of marriage.
Inducement to have a physical relationship by promising marriage must have a clear nexus with moment promise of marriage cannot be held out as an inducement for engaging in sex over a protracted and ....
The court determined that continued consensual relations between parties undermined allegations of coercion, allowing bail based on absence of credible evidence of force.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
