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TRIBHUVAN DAHIYA
Subhash – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Tribhuvan Dahiya, J. (Oral) - This is a petition under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.39 dated 22.02.2022, under Sections 67, 67-A of Information Technology Act, 2000, 376(2)(n) & 506 IPC, registered at Police Station Women, NIT, Faridabad, District Faridabad.
2. As per allegations in the FIR lodged by the prosecutrix aged 47 years, she came in contact with the petitioner in December 2016 and the petitioner kept on making physical relations with her till December 2021. He had been threatening the complainant to make her obscene photographs viral, infact, on 01.12.2021, the said photographs were sent to one of her friends on her WhatsApp, that led to lodging of the FIR in question.
3. Learned counsel for the petitioner contends that the allegations taken on its face value establish that the relations between the petitioner and complainant were consensual and continued over a period of about five years without there being any complaint by her. He further contends that the petitioner is in custody since 26.02.2022 and the complainant as well as her friend already stand examined.
3. Learned State counsel, on instructions from L/I May
The court considered the consensual nature of relations and the need to test the evidentiary value of incriminating videos during trial in granting bail to the petitioner.
The severity of alleged offences alone should not be the sole basis for denying bail, especially when the allegations are yet to be established.
The court established that serious allegations involving defamation and violations of the Information Technology Act can lead to the denial of bail, emphasizing the importance of the nature of the ch....
The court emphasized the importance of considering the evidence and material before making a decision on bail, especially in cases involving serious allegations.
The main legal point established in the judgment is that in cases involving bail applications for offenses under IPC, the court considers factors such as the delay in filing the FIR, evidence of forc....
The right to a speedy trial and personal liberty are fundamental. When a trial is unlikely to conclude in the near future and the accused has undergone significant incarceration, bail should be grant....
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