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DELHI HIGH COURT
SUBRAMONIUM PRASAD
Nikhil Bhattal – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. facts surrounding the bail application and allegations. (Para 1 , 2) |
| 2. status report indicates evidence collection. (Para 3 , 4) |
| 3. arguments for and against bail application. (Para 6 , 7 , 8) |
| 4. conditions for granting bail explained. (Para 9) |
| 5. final order regarding the bail application. (Para 10 , 11) |
JUDGMENT
Subramonium Prasad, J. This petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in FIR No.118/2021 dated 10.04.2021 registered at Police Station South Rohini for offences punishable under Sections 328 , 389 and 34 IPC.
2. The brief facts leading to this bail application are as follows:
a) A complaint was filed by one Rishab Jain (Complainant) stating that has a business of marble and tiles and he runs a Shop at B-81, Marble market, Mangolpur Kalan, opposite Indian Bank, New Delhi. He stated that the petitioner herein came to his shop and asked for some good quality marble stones/tiles for renovation of his residence and he insisted that the complainant must visit his house. It is stated that when the complainant visited the house of the petitioner. The petitioner introduced the complainant to his girlfriend, lshu @ Bobb
Bail can be granted when the charge-sheet is filed, and conditions can be imposed to ensure the complainant's safety without unjustly detaining the accused.
Bail granted - Putting person in fear of accusation of offence - Just because complainant is alleging that he is getting threatening calls, it will not be appropriate to keep the accused in custody a....
Anticipatory bail is denied when the applicant poses a risk of fleeing and obstructing an ongoing investigation into serious allegations.
The court balanced the need for fair investigation and prevention of harassment in deciding on the grant of anticipatory bail.
The main legal point established is the careful consideration of the nature of accusations, antecedents of the accused, and the possibility of tampering with witnesses in granting anticipatory bail.
A court may grant bail if doubts arise concerning the authenticity of the FIR and the possibility of false implication, especially in matrimonial disputes.
A bail application may be granted when the accused has been in custody for an extended period, all witnesses have been examined, and there is no threat of evidence tampering.
Bail can be granted when the allegations do not involve direct participation in serious crimes, and the accused demonstrates willingness to cooperate with the investigation.
Doubt in the delayed FIR registration and conduct of the complainant's family influenced the court's decision in granting bail to the petitioner.
The legal principle established is that consent must involve active and reasoned deliberation, and a false promise of marriage must be given in bad faith with no intention of being adhered to at the ....
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