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DELHI HIGH COURT
SWARANA KANTA SHARMA
Nizamuddin Khan – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. anticipatory bail application and delay in filing the fir (Para 3 , 4 , 5) |
| 2. seriousness of allegations and considerations for bail (Para 6 , 7 , 8) |
| 3. factors for considering anticipatory bail (Para 10 , 11) |
| 4. conditions for granting bail and final order (Para 12 , 13 , 14) |
JUDGMENT
Swarana Kanta Sharma, J. (Oral)
CRL.M.A. 10632/2022 (exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
BAIL APPLN. 1647/2022
3. The instant application under Section 438 of the Code of Criminal Procedure, 1973 has been filed on behalf of the petitioner seeking anticipatory bail in FIR bearing No. 201/2022, registered at Police Station Jamia Nagar, for offences punishable under Sections 376D/506/34 of the Indian Penal Code, 1860.
4. It is stated by the complainant, who is the real sister of the petitioner, that she has lodged a complaint with Police Station, Jamia Nagar and thereupon an FIR No. 201/2022 under Section 376D/506/34 IPC was registered on 25.4.2022. The incident in question has allegedly taken place on 10.3.2019. When a query was put to the learned counsel for the complainant, who is present in Court and who is assisting th
Anticipatory bail under Section 438 must balance allegations' seriousness with facts of the case and the presumption of innocence, considering the potential for flight and evidentiary tampering.
Point of Law – It is clear that provisions of Section 438 CrPC have their genesis in Article 21 of Constitution of India, which deals with liberty of an individual.
The decision emphasized that no person is presumed guilty until proven otherwise, and considered the delay in filing the FIR and lack of concrete evidence against the applicant in granting anticipato....
The court denied anticipatory bail based on the nature of the accusations, the explanation for the delay in lodging the FIR, and the applicant's lack of cooperation with the investigation.
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