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DELHI HIGH COURT
RAJNISH BHATNAGAR
Nirmala Devi – Appellant
Versus
State (N.C.T.) of Delhi – Respondent
| Table of Content |
|---|
| 1. details of the alleged incidents and complaints. (Para 2 , 3) |
| 2. progress of the investigation and arrest. (Para 4) |
| 3. arguments and claims by the petitioners and state. (Para 5 , 6) |
| 4. court's analysis of statements and evidence. (Para 7 , 8) |
| 5. court's order on bail and conditions. (Para 9) |
| 6. final disposal of the petitions. (Para 10 , 11) |
ORDER
(VIA VIDEO-CONFERENCING)
Rajnish Bhatnagar, J. By way of this common order, I shall dispose of the petitions filed by the petitioners under Section 438 Cr.P.C. read with Section 482 Cr.P.C. seeking anticipatory bail in FIR No. 70/2021 under Sections 376 /354/323/506/34 IPC registered at Police Station Hari Nagar.
2. In brief, the facts as per the case of the prosecution are that on 26.02.2021, two PCR calls were received at PS Hari Nagar vide DD Nos.30A & 36A regarding quarrel at WZ-47, Tihar Village, and the same were marked to ASI Niranjan. ASI Niranjan along with HC Jitender No. 1838/W reached at WZ-249, G-47, Tihar Village, Delhi. There it came to know that injured had already been shifted to DDU Hospital by PCR van. ASI reached DDU hospital. There injured prosecutrix 'R' was found admitted vide MLC No. 80/21. Doctor m
Anticipatory bail may be granted when custodial interrogation is not warranted, especially in cases involving family disputes and serious allegations.
The main legal point established in the judgment is that custodial interrogation may not be required in cases where there are discrepancies in the statements and complaints against the investigating ....
A petitioner in judicial custody may be granted bail when allegations improve over time and family disputes are involved, but the trial's integrity must be safeguarded.
The court's decision highlighted the importance of considering the totality of facts and circumstances, including the delay in filing the FIR, inconsistencies in the victim's allegations, and the pet....
The importance of personal liberty and the need to consider the totality of circumstances before denying anticipatory bail.
Criminal Law - Statement of victim – Admissibility of - Statement of victim recorded U/s P.C is concerned, this is not stage to analyze such improvements and to form an opinion because at this stage,....
Anticipatory bail can be granted keeping in view old age and medical condition of accused.
Allegations of threatening – Custodial interrogation – There is nothing on record to suggest that there are any allegations of tampering with the evidence by the petitioner and as far as the allegati....
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