Justice S.P. Garg dismissed regular bail under Section 439 Cr.P.C. for the petitioner accused of gang rape on a minor. Noting grave allegations and corroborating DNA evidence, the court found no ground to grant bail despite the prosecutrix's conflicting statements.
Bail application dismissed; petitioner remains in custody.
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.
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ANIL @ ANDLA ..... Petitioner
Through: Mr. Prem Chand Ganganiya, Advocate.
versus
THE STATE GOVT OF NCT OF DELHI ..... Respondent Through: Mr. Ravi Nayak APP for State. W/SI Madhvi Bisht, PS Madhu Vihar.
CORAM: HON'BLE MR. JUSTICE S.P.GARG
O R D E R % 17.04.2018
prosecutrix a minor was sexually assaulted (gang rape).
S.P.GARG, J.
APRIL 17, 2018/ p
Page 2 of 2
BAIL APPLN. 447/2018
2 issues framed by the court
Whether bail should be granted to the accused facing grave allegations of gang rape on a minor given conflicting testimonial versions and corroborative DNA evidence.
Whether the conflicting statement of the prosecutrix negates the gravity of the offence for the purpose of bail.
3 provisions across 3 enactments
ANIL @ ANDLA
THE STATE GOVT OF NCT OF DELHI
S.P.GARG
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
