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DELHI HIGH COURT
SUBRAMONIUM PRASAD
Sikander Raja – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. factual history of the case (Para 1 , 2) |
| 2. arguments presented by parties (Para 3 , 4 , 5) |
| 3. court's analysis and observations on evidence (Para 6 , 7 , 8) |
| 4. final decision regarding bail application (Para 9 , 10) |
JUDGMENT
Subramonium Prasad, J. The petitioner has filed the instant petition under Section 438 Cr.P.C seeking bail in FIR No.354/2020 dated 01.08.2020, registered at Police Station Jyoti Nagar for offences under Sections 323 /376/506/313/377/354/34 IPC.
2. Facts, in brief, leading to the present petition are as under--
a) The instant FIR was lodged on the statement of the prosecutrix wherein she stated that she got married to one Asheem Raja S/o Shri Ahshan Ali R/o H.No.219/7, Kardampuri, Delhi on 23.03.2019 according to Muslim Rites and Customs. It is stated that after sometime her in-laws started to harass her but she remained silent. It is stated that her mother-in-law is no more. She stated that her husband used to beat her and he had had unnatural sex with her several times. It is stated that the prosecutrix came to know that her husband is having an affair with some other girl and therefore she tried to make him understand but he did not listene
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.
Petitioner is not accused of committing rape and the fact that the petitioner has joined investigation, this Court is inclined to grant bail to the petitioner.
The court maintained that bail must be denied in cases of heinous offenses due to potential witness intimidation and emphasized the need for expeditious trials.
Point of law : Rape is not merely a physical assault; it is often destructive of the whole personality of the survivor. The act of rape has the ability to scar the mental psyche of the survivor and t....
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 ....
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.
Anticipatory bail under Section 438 should be granted sparingly, especially in serious offences, considering potential risks and the necessity for thorough investigation.
Anticipatory bail denied due to the serious nature of allegations involving a prostitution ring, necessitating custodial interrogation for a thorough investigation.
Rape case – Gran of Bail - Consent of prosecutrix – Issues to be decided at Trial – No criminal antecedents of accused
The seriousness of the offence, cooperation with the investigation, and the need for custodial interrogation when the accused does not provide necessary information.
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