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DINESH KUMAR SHARMA
Pintu Ram – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. anticipatory bail application context and charges. (Para 1 , 2) |
| 2. interim protection granted and investigative status. (Para 3 , 4 , 5 , 6) |
| 3. discretion and principles governing anticipatory bail. (Para 7 , 8 , 9 , 10) |
| 4. conditions for granting anticipatory bail. (Para 11) |
| 5. disposition of the bail application. (Para 12) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--This is a bail application seeking anticipatory bail of accused Pintu Ram in case FIR No. 20/2021 registered at PS Narela Industrial Area under Sections 376/354/354B/506/509/323/34 IPC.
2. Learned APP for the State submits that the charge-sheet has been filed against two accused persons. However, further investigation in respect of the present petition is continuing and charge-sheet is likely to be filed against three more accused persons including the petitioner in the present case.
3. This Court vide order dated 01.03.2021 granted the interim protection and passed the following order:
"1. On the last date of hearing i.e. 24.02.2021, the Investigating Officer was directed to examine the entire CCTV footage of the incident and to file status report as to if the petitioner is visible at all in the footag
Anticipatory bail under Section 438 is granted based on careful evaluation of circumstances, emphasizing personal liberty and the need for judicial discretion.
Grant of interim anticipatory bail and subsequent court bail with specific terms and conditions based on the applicant's cooperation in the investigation.
Continuation of anticipatory bail application is unnecessary once charges are filed without arrest; petitioner can seek regular bail.
Anticipatory bail is granted to protect personal liberty, emphasizing that the presumption is in favor of bail unless exceptional circumstances justify denial.
The main legal point established is the careful exercise of discretion in granting anticipatory bail, emphasizing the principles of not misusing liberty and considering the consequences of arrest.
The court considered the stage of the trial, the petitioner's conduct, and the complainant's options for seeking protection in granting bail.
The power of anticipatory bail should be exercised only in exceptional cases, and the duty of the learned MM to monitor the investigation is crucial in determining the entitlement to bail.
The right to bail is fundamental, with courts required to ensure freedom from arrest unless exceptional circumstances justify denial, especially given the initial bailable nature of the alleged offen....
The court considered the likelihood of a lengthy trial and the filing of the charge sheet in granting anticipatory bail to the petitioner.
Granting of anticipatory bail and imposition of conditions to ensure cooperation in the investigation.
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