Anticipatory bail application under FIR involving sexual assault of a minor under POCSO and IPC sections. Petitioner had been declared a proclaimed offender and allegedly tried influencing the victim's family. Court denied bail and disposed of the application.
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Through: Appearance not given
versus
THE STATE AND ANR .....Respondents Through: Mr. Raghvinder Verma, APP for the State with SI Pooja, PS New Usmanpur
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
O R D E R % 11.09.2024
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call her at her house. The victim went to her house. After that her mother went to kitchen and at the same time Namra‟s husband called „A‟ called the victim near her and alleged the accused i.e. Namra‟s husband first pulled down A's pyjama and started touching her private part and thereafter he took off his pant and made the victim to sit on his lap. Thereafter, the victim started crying on which Hayat‟s mother came and slapped her. It was alleged that the victim „A‟ repeated the same about the incident to her mother. On this, the FIR bearing no. 462/2023 was lodged on 14.06.2023 at 05:50 PM.
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complaint made by mother-in-law of the petitioner. Learned counsel submits that the FIR no. 463/2023 was intentionally lodged after ½ hour of the present FIR. Learned counsel for the petitioner further submits that the petitioner who is an advocate has falsely been implicated. Learned counsel for the petitioner has invited the attention of the Court to the transcript of telephonic conversation between the Devrani of the complainant and the mother-in-law of the petitioner. Learned counsel submits that the transcript of the same clearly indicates that the present FIR against the petitioner was totally forged and fabricated. Learned counsel for the petitioner has further invited the attention of the Court that in fact the PCR message was done by the wife of the petitioner on 13.06.2023 at 12:57 PM regarding the incident as recorded in FIR no. 463/2023.
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court is required to take into account the following factors and parameters to be considered while dealing with anticipatory bail:
a. the nature & gravity of accusation and the exact role of the accused must be properly comprehended before the arrest is made;
b. the Court before exercising the discretion is required to take into account the antecedents of the applicant;
c. the possibility of the applicant to flee from justice;
d. the possibility of the accused‟s likelihood to repeat similar or other offences;
e. it is a settled proposition that while considering the prayer for grant of anticipatory bail a balance has to be struck between two facts, namely, no prejudice should be caused to the free, fair and full investigation, and there should be prevention of harassment, humiliation and unjustified detention of the accused;
f. the court is also required to consider reasonable apprehension of tampering of witness or apprehension of threat to the complainant;
g. it is pertinent to mention that these are some of the factors which should be taken into consideration while deciding the anticipatory bail applications. These factors are by no means exhaustive but they are only illustrative in nature.
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2024 at 12:08:35
petitioner.
DINESH KUMAR SHARMA, J
SEPTEMBER 11, 2024 JN/DG
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2024 at 12:08:35
1 issue framed by the court
Whether the petitioner accused of sexual assault of an 8-year-old girl in FIR 462/2023 should be admitted to anticipatory bail despite being declared a proclaimed offender.
Colour shows how this judgement treated each authority
Siddharam Satlingappa Mhetre vs. State of Maharashtra and OthersRelied on¶10
(2011) 1 SCC 694 · Who else cites this
Mohd. Arif vs The State & AnotherDistinguished¶12
Bail Application no. 3684/2023 dated 22.01.2024
2 provisions across 2 enactments
Mohd Aman Rana
The State
Dinesh Kumar Sharma
As recorded by the court registry
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