W. DIENGDOH
Rupak Paul – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
1. Heard Mr. K. Ch. Gautam, learned counsel for the applicant, who, at the first instance has led this Court to Annexure-1 of this application which is a copy of the FIR lodged by the respondent No.3 herein. The contents of the FIR lodged before the Officer-In-Charge Jhalupara Beat House, Shillong dated 31.05.2022 would show that the complainant has accused the applicant herein of having raped her several times in the year 2013 and to keep her quiet had threatened her with dire consequences, even to kill her if she complaints about the matter to anyone. This act of rape continued even in the year 2014 after the marriage of respondent No.3/complainant and finally on 28.05.2022 at about 4:00PM, the applicant, called her up over the phone in the presence of her husband and indicated that she is to come and meet him at Barapathar as he was in the mood and wanted to play the game. The husband of respondent No.3/complainant overheard this conversation which finally led to the respondent No. 3/complainant to reveal the whole story to him. The husband then called up the wife of the applicant, who is the sister of the respondent No.3/complainant and told her everything, but the said
Sushila Aggarwal and Ors. vs. State (NCT of Delhi) and Another
The court considered the nature and gravity of the offence alleged and the explanation for the delay in filing the FIR in deciding the application for pre-arrest bail.
Anticipatory bail can be granted even in serious offenses if there are mitigating factors such as delay in FIR registration and cooperation with the investigation, provided that appropriate condition....
Pre-arrest bail is a privilege, not a right, and must be granted only in exceptional circumstances, considering the gravity of accusations.
The unexplained delay in lodging the FIR can be a strong ground for granting anticipatory bail in cases involving offences against women.
The decision emphasized that no person is presumed guilty until proven otherwise, and considered the delay in filing the FIR and lack of concrete evidence against the applicant in granting anticipato....
The main legal point established in the judgment is the consideration of various factors and parameters for granting anticipatory bail, including the nature and gravity of the accusation, the anteced....
Anticipatory bail under Section 438 must balance allegations' seriousness with facts of the case and the presumption of innocence, considering the potential for flight and evidentiary tampering.
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