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DELHI HIGH COURT
MUKTA GUPTA
X – Appellant
Versus
State (NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. petitioner seeks cancellation of bail. (Para 1 , 2) |
| 2. arguments against bail grant due to victim's mental condition. (Para 3 , 4) |
| 3. respondent argues prosecution lacks merit. (Para 5) |
| 4. details of the victim's complaints and statements. (Para 6 , 7 , 8 , 9) |
| 5. court observes lapses in lower court's bail decision. (Para 10 , 15 , 18) |
| 6. grounds for cancelling bail established. (Para 11 , 12 , 13) |
| 7. legal insights on bail considerations. (Para 19 , 20) |
| 8. court's final decision to cancel bail. (Para 21 , 22 , 23 , 24) |
JUDGMENT
Mukta Gupta, J. By this petition, the petitioner seeks setting aside of the order dated 7th September, 2021 and the consequential cancellation of regular bail granted to the respondent No.2 by the learned ASJ, Fast Track Court, POCSO-1, Dwarka Court in FIR No. 457/2021.
2. The petition has been filed through the father/legal guardian of the victim who is a female aged 37 years, suffering from bipolar mental disorder episodic mania and psychotic features since the year 2002 and was diagnosed to be suffering from the mental disorder in 2015 with mania shortly after her marriage. The same has also resulted in initiation of divorce proceedings betw
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