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DELHI HIGH COURT
TALWANT SINGH
Himanshu Kumar – Appellant
Versus
State NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. background facts of the bail application. (Para 1 , 4 , 11) |
| 2. prior bail applications and judicial custody. (Para 2 , 3 , 5) |
| 3. nature of the offences and bail conditions. (Para 8 , 14 , 17) |
| 4. arguments for and against bail. (Para 12 , 13) |
| 5. court observations on safety and apprehensions. (Para 19 , 20 , 22) |
| 6. conditions for granting bail. (Para 23 , 24 , 25) |
JUDGMENT
Talwant Singh, J. This is an application for regular bail moved by the petitioner in case FIR No. 0279 dated 03.06.2021, which was registered under Section 354 (D) IPC and Section 66(E)/67(A) of Information Technology Act, 2000 at PS Amar Colony, District South East, New Delhi.
2. The accused had earlier approached the Court of learned Metropolitan Magistrate for his regular bail under Section 437 Cr.P.C., which was dismissed on 16.03.2022 and the learned ASJ had dismissed his regular bail application vide order dated 04.03.2022.
3. Prior to this, the petitioner had filed an anticipatory Bail Application No.3390/2021, which was dismissed on 24.11.2021 by the Court of learned ASJ. He had also moved this Court by filing an anticipatory bail application which was numbered as Bail Application No. 4240
The court granted bail to the petitioner, a first-time offender, under stringent conditions, emphasizing the need to ensure complainant's safety while recognizing the nature of allegations and custod....
The main legal point established in the judgment is the consideration of the seriousness of the allegations, the status of the accused as a first-time offender, and the imposition of specific conditi....
Bail can be granted in cases where applicant has no previous criminal history.
The main legal point established in the judgment is the consideration of the similarity of the case with a previously granted bail to a co-accused as a basis for granting bail to the accused petition....
Bail applications under Section 439 require careful consideration of the gravity of the offence and the risk of influencing witnesses, especially in serious cases involving sexual offences.
The court considered the nature of the offence, the amount transferred, and the petitioner's period of detention in granting bail for a cybercrime case.
The court considered the consensual nature of relations and the need to test the evidentiary value of incriminating videos during trial in granting bail to the petitioner.
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