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DELHI HIGH COURT
RAJNISH BHATNAGAR
Bavneet Singh Alagh – Appellant
Versus
State NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. factual background of anticipatory bail petition. (Para 1 , 2) |
| 2. court's observations on interim protection. (Para 3 , 4) |
| 3. arguments from parties on the bail application. (Para 5 , 6) |
| 4. conditional grant of anticipatory bail. (Para 7) |
| 5. disposal of bail application. (Para 8) |
ORDER
Rajnish Bhatnagar, J. This is a petition filed by the petitioner under Section 438 Cr.P.C. seeking anticipatory bail in FIR No. 538/2021 under Sections 354/506 IPC and Section 10 of the POCSO Act registered at Police Station Hari Nagar.
2. In brief the facts of the case are that on 23.09.2021, a complaint by prosecutrix "A" was marked to SI Krishan Kumar for further necessary action wherein prosecutrix stated that her aunt's boy Bavneet Singh Alagh (Petitioner herein) S/o Sh Ranjeet Singh Alagh R/o R-20, Maszid Road, Jangpura Bhogal, New Delhi, was harassing her for several months for having physical relationship. The prosecutrix alleged that the petitioner has sent threatening messages to the prosecutrix. On 21.03.2021, the petitioner was present at the house of the victim and the same day early in the morning around 6-7 a.m., when everyone was sleeping in the house, petitioner start
Anticipatory bail granted due to completed investigation and absence of arrest, with conditions imposed to ensure cooperation and prevent tampering.
The main legal point established is the court's discretion in granting anticipatory bail based on the petitioner's cooperation with the investigation, absence of custodial interrogation requirement, ....
The granting of anticipatory bail should consider cooperation in the investigation and not solely the severity of allegations, emphasizing personal liberty rights.
Allegations of threatening – Custodial interrogation – There is nothing on record to suggest that there are any allegations of tampering with the evidence by the petitioner and as far as the allegati....
The court emphasized the importance of considering the totality of circumstances and personal liberty before granting anticipatory bail.
The seriousness of the allegations, cooperation in the investigation, and verification of the victim's age are crucial factors in considering anticipatory bail applications.
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.
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