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SAURABH BANERJEE
Raghuvar Singh – Appellant
Versus
The State (Govt. of NCT of Delhi) – Respondent
ORDER
1. This is an application filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973 [CrPC] seeking anticipatory bail in case FIR No.248/2023 dated 11.06.2023 registered under Sections 148/149/447/455 of the Indian Penal Code, 1860 [IPC] at Police Station Madhu Vihar, Delhi.
2. As per the FIR, around 25 persons gathered at the plot admeasuring about 500 sq. meters of the complainant, at Pandit Mohalla Chowk, Leela Chaudhary ka Makan, Mandawali, Madhu Vihar, Delhi alongwith bouncers, weapons, a JCB and TATA 407, at around 05:00 AM on 11.06.2023 and started digging up the land and installing a tin shed on the plot and threatened the complainant. Despite the complainant and the owner of the land trying to stop them, they continued and only on the police reaching the spot, most of the persons fled the scene.
3. During investigation and on the analysis of the CCTV footage, the present applicant was seen on the spot of the incident and was seen fleeing from the spot. Thereafter, notice under Section 41(A) CrPC was issued to the applicant and on the direction of this Court, the applicant participated in the investigation on 30.08.2023.
4. Learned counsel for the ap
The main legal point established in the judgment is that while granting anticipatory bail, the court must consider the nature and gravity of the alleged offence, the role of the applicant, lack of di....
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....
Anticipatory bail may be granted when the applicant is not named in the FIR, has no criminal antecedents, and is willing to cooperate with the investigation.
The court granted anticipatory bail, emphasizing the applicant's cooperation and lack of substantial evidence against him, while imposing strict conditions to ensure compliance.
Anticipatory bail can be granted when custodial interrogation is not necessary, considering the nature of allegations and cooperation from the applicant.
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