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DELHI HIGH COURT
ANU MALHOTRA
Taufik – Appellant
Versus
State – Respondent


Table of Content
1. application for bail based on mental illness. (Para 1)
2. absence of mens rea and request for bail. (Para 2)
3. details of the plaintiff's accusations. (Para 3)
4. updates on applicant's medical condition. (Para 4 , 6)
5. debate on psychiatric assessment accuracy. (Para 5)
6. observations from medical assessment. (Para 7 , 11)
7. court's non-granting of bail based on mental state. (Para 8 , 12)
8. provision for treatment of prisoners with mental illness. (Para 9)
9. judicial discretion in granting bail. (Para 10)
10. transfer to mental health establishment ordered. (Para 13 , 14)
11. court's directions for medical examination report. (Para 15 , 16)

JUDGMENT

Anu Malhotra, J. The applicant, vide the present application under Section 439 of the Cr.P.C., 1973 seeks the grant of bail in relation to FIR No.322/2018, PS Sagarpur under Section 376 of the INDIAN PENAL CODE , 1860 and Section 6 r/w Section 10 of the POCSO Act, 2012 submitting inter alia to the effect that he suffers from mental illness from the time of his arrest;

  • that it is on the record in the charge sheet that he did not try to run away from the place of occurrence because either as he might have not committed

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