Delhi High Court declines anticipatory bail to former IAS probationer Puja Khedkar
Puja Khedkar was alleged to have misrepresented information in her application for the UPSC Exam, 2022.
Puja Khedkar was alleged to have misrepresented information in her application for the UPSC Exam, 2022.
“It is a well-accepted principle that bail is the rule and jail is the exception.”
“There is no doubt that the right to liberty is enshrined in Part-III of the Constitution of India and such rights cannot be impinged except by following procedure established by law.”
Rajasthan High Court via the impugned order dated 11-11-2021 dismissed the appellant’s application for anticipatory bail opining that the appellant was allegedly involved in serious economic offence.
The Court directed that the petitioner shall cooperate with the investigation as and when required for the purpose of investigation.
Nearly two years had passed since the FIR was lodged, yet no progress was made in the case. The Court noted that the accused had cooperated with the investigation and that the chargesheet was yet to be filed.
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The complaint alleging that the actor committed a rape in 2016, came in the wake of revelations made in Justice K. Hema Report detailing several instances of sexual abuse in the Malayalam film industry.
The father was alleged of conspiring to alter his son’s blood samples in an attempt to conceal the presence of alcohol following the tragic incident.
The document, that is, the blood sample clearly answers the definition of “valuable security” under Section 301 of the Penal Code, 1860, as it certainly, created a right in the minor son of the applicant of portraying innocence.
As parens patriae, the Court has the responsibility to safeguard the child’s interests and could not relinquish this duty by placing her welfare in the hands of relatives.
Section 482 of Nagarik Suraksha Sanhita, 2023 (‘BNSS’) deleted the guiding factors which the Courts hearing anticipatory bail applications might have taken into account, such as nature and gravity of accusation, criminal antecedents, and the possibility of the accused to flee from justice.
“When procedural law doesn’t preclude the investigating agency from arresting a person in relation to a different offence while he is already under custody in some previous offence, the accused too cannot be precluded of his statutory right to apply for anticipatory bail only on the ground that he is in custody in relation to a different offence.”
The intention to cause disorder or incite people to violence is sine qua non for the offence under Section 153-A1 of the Penal Code, 1860.
“All insults or intimidations to a member of the Scheduled Caste or Scheduled Tribe will not amount to an offence under the Act, 1989 unless such insult or intimidation is on the ground that the victim belongs to Scheduled Caste or Scheduled Tribe.”
The Court was shocked to learn such allegations against the mother of the child and deemed appropriate to direct the High Court Legal Services Authority to appoint an advocate from their panel to represent the victim.
The Court opined that given the serious nature of allegations, petitioner(s) did not deserve the privilege of pre-arrest bail.
“Investigating agencies should be very cautious while seeking their custodial interrogation. Women by their very nature deserve preferential treatment inter alia in matters relating to bail, regular or anticipatory”.
The Court stated that when considering the material produced, it appears improbable that the accused persons’ visit to the police station was solely to fabricate evidence.