Anticipatory Bail--Rape and Sexual Harassment--Complaint Filed as Counter-Blast After Failure of Financial Settlement Relevant to Exercise of Discretion in Anticipatory Bail
In anticipatory bail proceedings, the temporal sequence of events and the conduct of parties preceding the registration of an FIR are relevant considerations. Where a criminal complaint appears to have been lodged as a counter-blast to earlier proceedings initiated by the accused, and where the complainant had previously sought financial settlement before approaching law enforcement, such circumstances bear on the exercise of discretion in granting anticipatory bail. Courts are not precluded from examining the background and motivation behind the filing of a complaint while adjudicating anticipatory bail applications.
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