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DELHI HIGH COURT
RAJNISH BHATNAGAR
Mukesh – Appellant
Versus
State NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. overview of the petition for bail and factual background. (Para 1 , 2) |
| 2. court's observations leading to the bail decision. (Para 3 , 6) |
| 3. arguments presented by both parties regarding bail. (Para 4 , 5) |
| 4. final conclusion and order concerning bail. (Para 7 , 8) |
ORDER
Rajnish Bhatnagar, J. This is a petition filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No. 92/2016 under Sections 354/452/376/506 IPC and 4/8 POCSO Act registered at Police Station Shahbad Dairy, Delhi.
2. In brief the facts of the case are that the instant case was registered on the statement of victim "A" aged 17 years, wherein she stated that she is residing at Shahbad Dairy, Delhi and is studying in Lai School in 9th class. She further mentioned that on 29.01.2016 at about 07:30-08:00 PM she was present at home alone and her mother Sumari Devi was present at the shop which is situated at some distance from her house. In the meantime, her neighbour Mukesh (Petitioner herein) entered her house and bolted the door from inside. Mukesh told her that he loved her and he will keep her with him. She asked Mukesh as to why he has come to her house but Mukesh started kissi
The court granted bail considering prolonged custody, the completion of witness examination, and the absence of necessity for further detention despite the severity of allegations.
The court considered the period of incarceration, completion of witness examination, and the lack of fruitful purpose in keeping the petitioner detained in prison as key factors in allowing the bail ....
The seriousness of the allegations and the pending testimony of the victim's parents were key factors in denying the bail application.
The seriousness of allegations and threats to the victim's safety are paramount in bail considerations, justifying denial when the applicant's personal circumstances do not outweigh these factors.
Bail applications under serious charges involving minors require strong grounds for grant, especially when testimony is ongoing and credibility is in question.
Accused may be granted bail when there are significant delays in trial, provided there is no risk of evidence tampering, despite serious accusations and improvements in witness testimony.
POCSO Act - Grant of Bail - Improvement in the testimony of the victim.
A petitioner in judicial custody may be granted bail when allegations improve over time and family disputes are involved, but the trial's integrity must be safeguarded.
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