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RANJAN SHARMA
Ashok Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ranjan Sharma, J.
Petitioner–Ashok Kumar has come up before this Court, seeking pre-arrest bail, under Section 438 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.P.C.’), originating from FIR No.27 of 2024, dated 26.01.2024, under Sections 376, 451, 504 and 506 of the Indian Penal Code, registered with Police Station, Dharamshala, District Kangra, [H.P.].
2. The background facts of the case are that the bail petitioner, Ashok Kumar, is serving in the Armed Forces in Dogra Regiment since 2005.
2(i). The case set up by the bail petitioner is that the complainant-prosecutrix [X], [name withheld], had sent an e-mail on 26.01.2024 to Police Post, Yol Cantt., Dharamshala. In the complaint, the prosecutrix alleged that the father of the prosecutrix and the present bail petitioner were serving in the same Unit and the bail petitioner and prosecutrix known each other for the last sixteen years. It is the case of the complainant that they married each other in Raghu Nath Temple in the year 2022. However, the factum of marriage has been denied by the bail petitioner in totality.
2(ii). It is the further case, of the bail petitioner, that he has been falsely implicated
Anticipatory bail is an exceptional relief to be granted sparingly, considering the nature of the accusations and the balance between individual liberty and societal interests.
The main legal point established is that bail should be granted when no prima facie or reasonable grounds exist, and the nature of the crime is a crucial factor in considering bail applications.
The main legal point established in the judgment is that bail is a rule and jail is an exception, and the power under Section 438 of CrPC is to be exercised sparingly. The court emphasized the import....
The main legal point established is that anticipatory bail is to be granted in exceptional cases where the accusation is frivolous or groundless, and the court must consider the nature of the accusat....
The conduct of an accused is an essential factor required to be considered by a Court while adjudicating upon a plea made by such an accused for grant of pre-arrest/anticipatory bail.
Anticipatory Bail Application has to be based on concrete facts and not vague or general allegations relatable to offence and why applicant reasonably apprehends his or her arrest, as well as his ver....
The main legal point established in the judgment is the importance of the victim's statement under Section 164 Cr.P.C., the distinction between rape and consensual sex based on false promises, and th....
Anticipatory bail petitions are maintainable for offences with a penalty of up to seven years, and jurisdictional courts must adjudicate these applications rather than merely disposing them without c....
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