I v. State (Nct of Delhi) and Anr.
Case brief
What is this about?
The High Court of Delhi dismissed the petitioner's application seeking cancellation of bail granted to the accused in a rape case. The Court held that cogent and overwhelming circumstances are required to cancel bail already granted and were absent in the present petition.
What did the court decide?
Petition dismissed; bail to Respondent No. 2 maintained as per Trial Court order.
What the court decided
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.
- IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 10th SEPTEMBER, 2024
IN THE MATTER OF:
- CRL.M.C. 7044/2022
- I .....Petitioner
Through: Ms. Anshu Priyanka, Mr. Vipul Saluja and Mr. Aakash Goswami, Advocates.
versus
STATE (NCT OF DELHI) AND ANR. .....Respondents
Through: Mr. Yudhvir Singh Chauhan, APP for the State.
Mr. Sandeep Sharma, Mr. Amit Choudhary, Ms. Kavya Dauk, Mr. Kavish Sharma, Mr. Anil Kumar, Mr. Manjul Kumar Tiwari, Mr. Bed Prakash, Ms. Pragyanjali Prakhar and Ms. Anoushka Sharma, Advocates for R-2.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT
- The Petitioner/victim has approached this Court seeking cancellation of bail granted to Respondent No.2/accused herein vide Order dated 10.11.2022 passed by the Ld. learned Additional Sessions Judge-03, (South), Saket Courts, New Delhi.
Issues for consideration
3 issues framed by the court
Whether the High Court can cancel bail granted by the Trial Court merely on allegations of threats without cogent evidence.
Whether the Trial Court erred in granting bail considering the severity of the charge of rape.
Whether the petition succeeds in establishing a sup래rven circumstance requiring cancellation of bail.
Parties & counsel
- petitioner
Victim/Petitioner
- respondent
State (NCT of Delhi)
- respondent
Respondent No. 2
Coram
Case details
As recorded by the court registry
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