Anand Mishra v. State
Case brief
What is this about?
THE HIGH COURT OF DELHI AT NEW DELHI + BAIL…
What did the court decide?
Bail admitted on personal bond of Rs. 30,000 with one surety each in like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Signature Not Verified Digitally Signed By:AM UL YA
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under Sections 363/366/376(2)734 IPG registered at Police Station Sultanpuri. Status report is on record.
(2) I have heard the learned counsel for the parties and have examined the file. The petitioners are facing trial for commission of offences under Sections 366/376 IPG. They are in custody since 27.02.2013. The case was committed to the Gourt of Sessions on 02.07.2013. Gharge could be framed against the petitioners after considerable period only on 25.08.2015. Notice issued to the prosecutrix was received back unexecuted.
(3) This Gourt had also issued notice to the prosecutrix for appearance on several occasions but she was stated to be not residing at the given address. It is informed that the petitioner Anand Mishra and the prosecutrix were acquainted with each other and had performed court marriage.
(4) Gonsidering the facts and circumstances of the case, the petitioners are admitted to bail on their furnishing personal bond in the sum of ?30,000/- with one surety each in the like amount to the satisfaction of the Trial Gourt. (5) The applications stand disposed of. (6) Gopy of the order be sent to Superintendent Jail for information.
I^.P.GARG, J.
DECEMBER 14, 2015/sa
BailAppl.Nos.4l2/l5& 702/15
Page 2 of2
2 issues framed by the court
Whether the petitioners, facing trial for offences under Sections 366/376 IPC as child sexual abusers, are entitled to bail while in custody.
Whether the High Court should admit bail to the petitioners considering the delay in framing charges and unexecuted notice to the prosecutrix.
1 provisions across 1 enactments
Petitioners (Anand Mishra and another)
Prosecutrix
I.P. Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court