DELHI HIGH COURT
CHANDER SHEKHAR
Shamim Ahmed – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. factual background of kidnapping and assault (Para 1 , 2 , 3) |
| 2. arguments regarding false implication and bail conditions (Para 4 , 5 , 6 , 7) |
| 3. legal precedent and rationale for bail dismissal (Para 8 , 14) |
| 4. court's reasoning on anticipatory bail dismissal (Para 9 , 10 , 11 , 12 , 13 , 15 , 16) |
| 5. final ruling on bail request (Para 17) |
JUDGMENT
Chander Shekhar, J. (Oral)--This is an application filed by the petitioner under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) for the grant of anticipatory bail in case FIR No.603/2018 under Sections 363/365/366A/376-D/342 of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
2. It would be quite relevant to go through the facts of the case as per the status report before embarking upon the merits of the present application. The present case was registered on the statement of Smt. Rekha regarding her daughter aged 16 years, who was missing since 30.11.18. After which, the investigation was taken up and several attempts were made to search the missing girl but all in vain. Later, in the supplementary statement under Section 164 Cr.P.C., the
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