MONTI Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This is a petition for the grant of anticipatory bail filed on behalf of the petitioner in case FIR No. 498/2023, under Sec. 376 IPC and Sec. 6 of POCSO Act, PS Prem Nagar.

(2.) Learned counsel for the petitioner submits that petitioner is not named in the FIR. Rather, at the time of lodging of the FIR, petitioner made allegations against her father. However, as an afterthought and the instigation of her mother, victim made allegations against the present petitioner. It is further submitted that petitioner has already joined the investigation. FSL result does not implicate him. Petitioner has roots in the society and there is no likelihood of his absconding or tampering with the prosecution evidence.

(3.) Learned APP submits that petitioner was not named in the FIR out of fear as petitioner had threatened to kill the victim. It is submitted that considering the nature of offence and severity of punishment, petitioner is not entitled for grant of pre-arrest bail.