The Court allowed bail applications filed by Sanjeev Batra in a rape case under Section 376 IPC. The Court noted an eleven-year delay in filing the FIR and held there was little probability of the petitioner tampering with evidence due to this delay.
Release on bail via personal bond of ₹25,000/- with one surety; non-contact conditions imposed.
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SANJEEV BATRA ..... Petitioner
Through Mr Dhan Mohan, Ms Tanu B. Mishra, Mr Ravi Mishra, Advocates.
versus
STATE ..... Respondent Through Mr Amit Gupta, APP for State. SI Anju Tyagi, P.S. Maya Puri present.
CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU O R D E R % 11.09.2019
furnishing a personal bond in the sum of ₹25,000/- with one surety of the like amount to the satisfaction of the Trial Court. The petitioner shall ensure that he does not contact the complainant and her daughter or attempt to influence them in any manner. The petitioner shall ensure that his whereabouts are duly reported to the Trial Court and he is reachable at all times. In the event any further investigations are conducted by the IO, the petitioner shall fully cooperate in the same. Needless to state that if any of the conditions are violated by the petitioner, the bail granted to the petitioner shall be cancelled.
VIBHU BAKHRU, J
SEPTEMBER 11, 2019 pkv
2 issues framed by the court
Whether the petitioner is entitled to bail in a rape case where the alleged incidents have not been reported for eleven years.
Whether the delay in filing the FIR precludes the tampering of evidence by the petitioner.
1 provisions across 1 enactments
Sanjeev Batra
State
Vibhu Bakhru
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
