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DELHI HIGH COURT
TALWANT SINGH
Gaurav Arora – Appellant
Versus
State of NCT Delhi – Respondent
JUDGMENT
Talwant Singh, J. The petitioner has moved this application seeking anticipatory bail in case FIR No. 1048/2021 under Section 354 of Indian Penal Code, 1860 (hereinafter referred to `IPC') and Section 8 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to `POCSO Act') at PS Nihal Vihar.
2. It has been submitted on behalf of the petitioner that the marriage of the applicant/accused with the complainant was solemnized in the year 2009. It was love-cum-arranged marriage and as such the same was dowry-less. Out of this wedlock, two children were born; a baby girl on 07.09.2014 and a boy on 16.10.2018. Since beginning, the behaviour of the complainant was not good towards the applicant and her mother. She was pressurizing the applicant to sell the matrimonial home, which was registered in the name of the mother of the applicant.
2.1. On 23.06.2021, the complainant made a complainant to police that the applicant had kidnapped her son on which applicant was called to the police station where he had stated that he and his son had gone to a shop at the instance of his son. The matter was resolved. The complainant went away with the children after tak
Anticipatory bail can be granted when there is lack of evidence supporting the allegations and the petitioner has cooperated in the investigation.
Anticipatory bail can be granted in cases where the allegations are found to be false and there is no need for custodial interrogation. The court should consider the facts of the case and the partici....
Criminal Law - Seeking to grant anticipatory bail - Section 438 Cr.P.C. protects the right to life and personal liberty of such persons by providing them with a remedy against frivolous detention. In....
The importance of personal liberty and the need to consider the totality of circumstances before denying anticipatory bail.
The conduct of the accused is critical in determining anticipatory bail; misuse of interim protection can lead to denial of bail.
The court's decision on the grant of anticipatory bail is based on the nature and gravity of the offences, the role of the petitioner, and the facts of the case.
The judicial system cannot be used to facilitate marriages or be manipulated for personal gain. The truth must prevail through investigation.
Criminal Law - Statement of victim – Admissibility of - Statement of victim recorded U/s P.C is concerned, this is not stage to analyze such improvements and to form an opinion because at this stage,....
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