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RAJESH BHARDWAJ
Sabeer Khan – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Rajesh Bhardwaj, J. (Oral) - Prayer in the present petition is for grant of regular bail to the petitioner in case FIR No.157 dated 29.05.2020, under Section 363, 376D, 342, 506 and 34 of IPC, registered at Police Station Nangal Chaudhary, District Mohindergarh.
2. As per the factual matrix of the present case, the present FIR was lodged by husband of the prosecutrix wherein, it was alleged that his wife aged 35 years having two kids, went to PNB Bank Nizampur Branch on 22nd May, 2020 to withdraw some money but she did not return. He searched enough but could not find her. It was further mentioned that the marriage was solemnized 12 years ago and his wife be searched.
3. Thereafter, investigation commenced and the prosecutrix was recovered from the custody of the petitioner on 4th June, 2020.The petitioner was arrested on 21.12.2020. He approached Ld. Additional Sessions Judge Narnaul for the grant of bail who after hearing both the parties decided the same vide order dated 12.01.2022.
4. Aggrieved by the same, the petitioner has approached this Court by way of filing the present petition.
5. Learned counsel for the petitioner has drawn the attention of this Court to the statem
The delay in mentioning the petitioner's name, the prosecutrix's inconsistent statements, and the prolonged trial without the prosecutrix appearing influenced the court's decision to grant regular ba....
The main legal point established in the judgment is the importance of evaluating the evidentiary value of the prosecutrix's statement for the purpose of granting bail, and the court's authority to ta....
The court considered the lack of support from the prosecutrix and the period of custody undergone by the petitioner in granting regular bail.
The credibility and authenticity of statements made by the prosecutrix, especially in cases where contradictory versions are presented, are crucial in determining the grant of bail.
The court considered the absence of criminal antecedents of the petitioner and the pending trial as grounds for granting bail in a case involving allegations of abduction and rape of a minor girl.
The delay in trial due to the non-appearance of a key witness and the prolonged detention of the accused can be grounds for granting regular bail.
Point of Law : Petitioner allegedly transmitted the obscene photographs of the prosecutrix to the prosecutrix’s brother bringing him prima facie withing the domain of Section 67 of the IT Act, 2020, ....
The significance of delay in filing the FIR, lack of supporting evidence, and voluntary actions of the complainant and the accused and his family are crucial factors in considering bail applications ....
The delay in filing the FIR and the conduct of the complainant can raise doubts about the credibility of the allegations in cases of sexual offenses.
The consensual nature of a relationship and the age of the prosecutrix are crucial factors in considering bail applications in cases involving charges under the POCSO Act.
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