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SUMEET GOEL
Ankit Arora – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Mr. Sumeet Goel, J.
Present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case bearing FIR No. (Ed. Omitted), registered for the offences punishable under Sections 376(2) (n)/406/506 of IPC, 1860 at Police Station Palam Vihar, Gurugram District, Haryana.
2. The case set up in the FIR in question (as set out by the petitioner in the present petition) is as follows:-
The court established that serious allegations do not automatically preclude bail if there is no evidence of risk to the trial process.
The court's decision was influenced by the completion of the investigation, lack of medical examination, and the complainant's statement under Section 164 Cr.P.C., which indicated consent in the alle....
The consensual nature of a relationship, likelihood of trial delay, and absence of recovery to be made can influence the grant of regular bail in cases under Section 376 IPC.
The court considered the welfare legislation pertaining to bail for women and the provisions of Section 437 and Section 439 of Cr.P.C in granting bail to the petitioner based on the totality of the f....
When a complainant willingly stays and has a relationship, if the relationship does not work out, it cannot be a ground for lodging an FIR for the offense under Section 376(2)(n) of IPC.
The court determined that the relationship was consensual, undermining claims of forceful sexual assault, and granted bail based on the applicant's lack of prior criminal history.
The court determined that the relationship between the Applicant and prosecutrix was consensual, leading to the granting of bail despite serious allegations.
The refusal of the prosecutrix and the lack of genuine intention to solemnize marriage indicated that it was not a consensual relationship, and the gravity of the allegations justified denying antici....
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