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DELHI HIGH COURT
RAJNISH BHATNAGAR
Md. Khurshid Khan – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. allegations of rape and property fraud. (Para 1 , 2 , 3 , 4) |
| 2. defense claims of false allegations and counter disputes. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. nature of allegations and consideration for bail. (Para 12 , 13) |
| 4. standard for granting anticipatory bail. (Para 14) |
| 5. conditions for granting bail. (Para 15 , 16 , 17 , 18 , 19) |
ORDER
1. The present bail application has been filed under Section 438 of Cr.P.C on behalf of the petitioner for grant of anticipatory bail in case FIR No. 618/2020 U/s 376D/506 IPC registered at Police Station Wazirabad, Delhi.
2. Briefly stated the facts of the case are that complainant "K" made a complaint at PS Wazirabad alleging therein that she had purchased a flat in DLF colony in Ghaziabad for an amount of Rs. 5,80,000 from petitioner Khurshid Khan through one Faizan. This property was to be registered in the name of complainant but instead of registering the property, GPA was executed by both the accused persons. They also told her that they were partners in said property & the total cost of the property is Rs. 22 lakh.
3. As this DLF property was far from Delhi and children of complainant were also doing work in Delhi, acc
Anticipatory bail should be granted when there is no imminent need for custodial interrogation, even in cases of serious allegations.
The totality of circumstances should be considered before granting or denying anticipatory bail, and stringent conditions may be imposed to address concerns of influencing the victim.
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.
The court may grant anticipatory bail based on discrepancies in the evidence, coupled with the absence of a criminal history and other relevant circumstances.
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....
The main legal point established in the judgment is the consideration of various factors and parameters for granting anticipatory bail, including the nature and gravity of the accusation, the anteced....
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