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DELHI HIGH COURT
SUBRAMONIUM PRASAD
Ishu – Appellant
Versus
State – Respondent
JUDGMENT
Subramonium Prasad, J. The petitioner has filed the instant petition under Section 438 Cr.P.C. for grant of bail in the event of arrest 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 under:
a) A complaint was filed by one Rishab Jain (Complainant) stating that he 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 on 01.04.2021, one Nikhil Bhattal, whom the complainant knew, 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 said Nikhil Bhattal, he introduced the complainant to his girlfriend, lshu @ Bobby (the petitioner herein). It is stated that the petitioner lives with Nikhil Bhattal. It is stated that the petitioner offered a soft drink to the complainant. It is stated that after consuming the drink the complainant started feeling dizzy. It is stated that th
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.
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.
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.
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 should not be denied unless there is imminent need for custodial interrogation, and delays in lodging FIR do not automatically negate the prosecution's case.
Anticipatory bail granted – Rape - Court should be loath to reject grant of anticipatory bail in as much unless and until there is an imminent and a great imperative to have a custodial interrogation....
Anticipatory bail may be granted when previous complaints indicate motives rooted in personal enmity and allegations of lesser gravity.
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