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DELHI HIGH COURT
SUBRAMONIUM PRASAD
Gaurav Malik – Appellant
Versus
State of NCT Delhi – Respondent
| Table of Content |
|---|
| 1. overview of bail petitions and case facts. (Para 1 , 2) |
| 2. arguments of petitioners claiming false implications. (Para 3 , 4 , 6 , 7 , 8) |
| 3. court's observations on the need for custodial interrogation. (Para 9 , 10 , 13 , 14 , 17) |
| 4. judicial reasoning on the grant of anticipatory bail standards. (Para 15 , 16 , 18) |
| 5. petitions dismissed, requiring further investigation. (Para 20) |
JUDGMENT
Subramonium Prasad, J. These petitions have been filed under Section 438 Cr.P.C. seeking grant of bail to the Petitioners in the event of arrest in FIR No. 53/2022 dated 11.01.2022 registered at Police Station Khyala for offences under Sections 376/376(2)(n)/323/342/34 of the Indian Penal Code, 1860 (hereinafter, "IPC") and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, "POCSO").
2. The facts, in brief, leading up to the filing of both the petitions are as follows:
a) It is stated that the prosecutrix is a sales girl at a jewellery shop in Karol Bagh. She has been separated from her husband since 2012, however, she has been residing at a flat in Uttam Nagar which is the name of her husband.
b) On 10.03.2019, while the prosecutrix was at her
Anticipatory bail denied due to the serious nature of allegations involving a prostitution ring, necessitating custodial interrogation for a thorough investigation.
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.
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.
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.
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.
Bail – Court should be circumspect in granting bail in POCSO cases.
Anticipatory bail under Section 438 should be granted sparingly, especially in serious offences, considering potential risks and the necessity for thorough investigation.
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