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DELHI HIGH COURT
RAJNISH BHATNAGAR
Mukesh Kumar – Appellant
Versus
State N.C.T of Delhi – Respondent
| Table of Content |
|---|
| 1. factual basis of the case against the petitioner. (Para 1 , 2 , 3 , 4) |
| 2. contentions presented by the petitioner and the state. (Para 5 , 6) |
| 3. court's analysis and observations on the case. (Para 7 , 8) |
| 4. decision to grant bail with conditions. (Para 9) |
| 5. conclusion and further orders by the court. (Para 10 , 11 , 12) |
ORDER
Rajnish Bhatnagar, J.
BAIL APPLN. 1224/2021 and CRL.M.(BAIL) 807/2021 (for interim bail)
1. This is a petition filed by the petitioner under Section 439 Cr.P.C. read with Section 482 Cr.P.C. seeking regular bail in case 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. After reaching the spot, they came to know that injured had already been shifted to DDU Hospital by PCR van. ASI reached DDU hospital. There injured prosecutix 'R' was found admitted vide MLC No. 80/21. Doctor
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.
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 ....
The court ruled that delays in filing an FIR and lack of medical evidence may undermine the credibility of serious allegations, potentially influencing the decision on bail.
The court granted bail considering prolonged custody, the completion of witness examination, and the absence of necessity for further detention despite the severity of allegations.
The lack of specific allegations against the petitioner in both the FIR and the suicide note warranted the granting of bail, emphasizing the principle that pre-trial detention must be justified by su....
The court's refusal of bail reinforces that serious allegations of sexual offences require thorough examination at trial, negating claims of consensual relations based on prior friendships or financi....
Balancing the nature of the case, custody duration, and prima facie evidence to grant bail with specific conditions.
Point of Law : Court does not mitigate allegations made by prosecutrix against petitioner in her statement under Section 164 Cr.P.C, and first statement given to police.
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