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DELHI HIGH COURT
JASMEET SINGH
Vikas Uppal – Appellant
Versus
State NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. bail application details and provisions (Para 1) |
| 2. arguments regarding the validity of the fir and amendments (Para 2 , 3) |
| 3. court's analysis of section 438(4) and its retrospective effect (Para 4 , 5 , 6 , 7 , 8) |
| 4. assessment of bail eligibility and serious nature of allegations (Para 9 , 10 , 11 , 12) |
| 5. conclusion and dismissal of the bail application (Para 13 , 14) |
JUDGMENT
Jasmeet Singh, J. (ORAL)
1. This is an application seeking anticipatory bail in FIR No. 627/2022 dated 27.09.2022, under Sections 354/376/506/509 IPC and Sections 6/10/12 POCSO Act, registered at Police Station-DBG Road.
2. Mr Sachdeva, learned counsel for the applicant states that in the present case, the FIR is vindictive and is only registered in view of the fact that the applicant and his wife are having strained matrimonial relationship and divorce proceedings are going on. The complainant has been very close to her mother and at her behest, the allegations have been levelled against the applicant. Mr Sachdeva further states that in the present case, the bar of 438 (4) Cr.P.C will not be applicable as the allegations of the offence are stated to have happened in the year 2017 and, t
The court held anticipatory bail application maintainable as penal provisions added post-incident cannot retrospectively deny rights, but the serious nature of the allegations warranted denial of bai....
(1) Anticipatory bail – Criminal Procedure Code (Uttar Pradesh Amendment) Act, 2018 merely restores benefit of anticipatory bail to persons apprehending arrest, which benefit was available to similar....
The judgment establishes the principle that beneficial legislation, such as the restoration of anticipatory bail provisions, can have retrospective application to benefit individuals apprehending arr....
The court established that anticipatory bail can be granted even in serious offenses if the applicant demonstrates a lack of prima facie evidence against them, reinforcing the principles of personal ....
The judgment establishes the importance of considering statutory provisions, amendments, and the sensitivity required in cases involving allegations against a minor victim, while also acknowledging t....
The main legal point established is that joining the investigation and undergoing custody under certain sections of the IPC can be grounds for granting anticipatory bail.
The court emphasized the need for tangible grounds for anticipatory bail and the duty to balance individual freedom and police investigation rights.
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....
Anticipatory bail under Section 438 Cr.P.C. is not maintainable in cases involving charges where a death sentence may be awarded.
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