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Sanjeev @ Sandeep Vs State Govt NCT of Delhi — Bail and Remand | Delhi HC (2016)

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Sanjeev @ Sandeep Vs State Govt NCT of DelhiSanjeev @ Sandeep v. State Govt NCT of Delhi

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Sanjeev @ Sandeep v. State Govt NCT of Delhi

Delhi HC18 Jan 2016BAIL APPLN./101/2016

Case brief

AI extract

What is this about?

This order granted regular bail to the petitioner in proceedings under Sections 354, 451, 506, and 509 IPC for a crime at PS K.M.Pur. The petitioner was in custody since 08.09.2015. Bail was admitted upon furnishing a personal bond of Rs. 40,000 with one surety and subject to specific exceptions.

What did the court decide?

Petitioner admitted to bail on furnishing a personal bond of `40,000/- with one surety.

What the court decided

AI extract

Outcome

Petitioner admitted to bail on furnishing a personal bond of `40,000/- with one surety.

Issue for consideration

Whether to grant regular bail to the petitioner in a prosecution for sexual offences against a child. +1 more

Detailed headnote1 paragraphs

The High Court allowed a bail application under Section 439 Cr.P.C. (now Section 281 BNS) filed in connection with allegations of sexual assault, cheating, and criminal intimidation against a child. The petitioner was admitted to bail on furnishing a personal bond of `40,000/- with one surety, subject to all just exceptions and the satisfaction of the Trial Court. The application has been disposed of.

A compact analysis

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.

A

$~24

IN THE HIGH COURT OF DELHI AT NEW DELHI

- BAIL APPLN. 101/2016

SANJEEV @ SANDEEP ..... Petitioner

Through : Mr.Dushyant Yadav, Advocate with Mr.K.P.Chauhan & Mr.Vijay Pratap Singh, Advocates.

versus

STATE GOVT NCT OF DELHI ..... Respondent Through : Ms.Meenakshi Dahiya, APP.

CORAM: HON'BLE MR. JUSTICE S.P.GARG O R D E R % 18.01.2016

CRL.M.A.No.814/2016 (Exemption)

Exemption allowed subject to all just exceptions.

The application stands disposed of.

BAIL APPLN. 101/2016

The petitioner seeks regular bail under Section 439 Cr.P.C. in case FIR No.205/2013 registered under Sections 354/451/506/509 IPC at PS K.M.Pur. Status report has not been filed.

During the course of arguments, it revealed that earlier the petitioner was on bail. However, due to his absence on certain dates, non-bailable warrants were issued against him and he was taken into custody. At present, he is in custody since 08.09.2015.

BAIL APPLN. 101/2016

page 1 of 2

It is further informed that the statements of the prosecutrix and her mother have since been recorded.

Considering the facts and circumstances of the case, the petitioner is admitted to bail on furnishing personal bond in the sum of ` 40,000/- with one surety in the like amount to the satisfaction of the Trial Court.

The bail application stands disposed of.

Order ‘ dasti. ’

S.P.GARG, J

JANUARY 18, 2016 / tr

page 2 of 2

BAIL APPLN. 101/2016

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether to grant regular bail to the petitioner in a prosecution for sexual offences against a child.
2.
Whether the petitioner's prior bail and arrest due to absence are relevant factors in the bail decision.

Statutes considered

1 provisions across 1 enactments

AI extract

BNS 2023281

Parties & counsel

AI extract

petitioner
Sanjeev @ Sandeep
respondent
State Govt NCT of Delhi

Coram

AI extract

S.P. Garg

Case details

As recorded by the court registry

Court: Delhi HC
Decided on: 18 Jan 2016 · January
Registered: 15 Jan 2016
Case no.: BAIL APPLN./101/2016
CNR: DLHC010143472016
Topic: Bail and Remand
Bench: S.p.garg

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Cite this judgement

Sanjeev @ Sandeep v. State Govt NCT of Delhi, BAIL APPLN./101/2016 (DEL), decided on 18 January 2016.

The High Court of Delhi publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

BNS 2023281

View all statutes

Bench / Coram

S.P. Garg

Parties & counsel