Back
DELHI HIGH COURT
RAJNISH BHATNAGAR
Mahender Swami – Appellant
Versus
State (NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. overview of the bail application and factual background. (Para 1 , 2) |
| 2. petitioner's counsel claims false implication and inconsistencies. (Para 4) |
| 3. state's arguments emphasize the seriousness of allegations. (Para 5) |
| 4. court's stance on credibility of victim's testimony. (Para 6) |
| 5. no opinion on the merits of the case expressed. (Para 7) |
ORDER
1. By way of this order, I shall dispose of the present petition filed under Section 439 Cr.P.C. on behalf of the petitioner for grant of bail in case FIR No. 0279/2017 U/s 328/365/376-D IPC, P.S. Kirti Nagar (Distt. West), New Delhi.
2. Briefly stated, the facts of the case are that on 24.08.2017 on receiving DD No. 14-A SI Asha Singh reached at E.S.I. Hospital, Basai Dara Pur, Delhi, where she found the victim admitted vide MLC No. 524/17. The victim was not in a position to give the statement. Therefore, on the basis of DD No. 14-A and as per the contents of the MLC, the present FIR was registered. In her MLC, the victim gave the alleged history of kidnapping on 8 July 2017 by 4 people from Kirti Nagar by auto after inhalation of drug and then she was gang raped 5-7 times at unknown place, thereafter, she was left at
Testimony inconsistency does not negate the seriousness of allegations in a bail application; grave accusations warrant denial of bail regardless of alleged discrepancies.
The main legal point established in the judgment is the importance of evaluating the evidentiary value of the prosecutrix's statement for the purpose of granting bail, and the court's authority to ta....
Inconsistent statements from the prosecutrix and lack of sufficient incriminating evidence justified the grant of bail to the accused, highlighting the necessity for a prima facie case for custody.
Grant of Bail - Offence of Sexual Offence and commit suicide - In view of different versions of prosecutrix forthcoming and other material placed on record like MLC, call detail record and in peculia....
The delay in filing the FIR and the conduct of the complainant can raise doubts about the credibility of the allegations in cases of sexual offenses.
The significance of delay in filing the FIR, lack of supporting evidence, and voluntary actions of the complainant and the accused and his family are crucial factors in considering bail applications ....
Criminal Law - Offence of Rape - Bail Application - Petitioner had surrendered before court concerned on 03.09.2019 and since then he is in custody in this case - It is not disputed that no other cas....
The court held that a conviction for rape is unsafe solely on the testimony of the prosecutrix when there is significant delay in reporting and lack of corroborative evidence.
Point of Law : 7. Petitioner cannot be kept behind bars for an unlimited period, as investigation is complete and challan stands presented in learned trial Court, fact that petitioner is neither in a....
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
