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Anticipatory Bail To Rape Accused On Marrying Victim

The High Court of Delhi granted anticipatory bail to the petitioner, Roshan, in FIR No. 0416/2020 under Sections 376/313 IPC, citing a misunderstanding between the parties and the complainant's request to re-record her statement. The prosecutrix's mother expressed no objection to the bail, stating that Roshan has married her daughter. The bail is subject to conditions including a personal bond, remaining available for investigation, and not leaving Delhi without court permission.

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Lakshay chauhan
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38 views2 pages

Anticipatory Bail To Rape Accused On Marrying Victim

The High Court of Delhi granted anticipatory bail to the petitioner, Roshan, in FIR No. 0416/2020 under Sections 376/313 IPC, citing a misunderstanding between the parties and the complainant's request to re-record her statement. The prosecutrix's mother expressed no objection to the bail, stating that Roshan has married her daughter. The bail is subject to conditions including a personal bond, remaining available for investigation, and not leaving Delhi without court permission.

Uploaded by

Lakshay chauhan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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WWW.LIVELAW.

IN

$~5
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPL. 2108/2020
ROSHAN ..... Petitioner
Through: Mr. Lokesh Kumar Mishra,
Advocate.
versus
STATE GOVT OF NCT OF DELHI & ORS. ..... Respondents
Through: Ms. Meenakshi Chauhan, APP for
State along with IO/SI Renu (M-
8800514616).
Prosecutrix in person along with
her mother.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

(VIA VIDEO CONFERENCING)

ORDER
% 27.11.2020
1. The present application has been filed under Section 438 Cr.P.C.
on behalf of the petitioner seeking anticipatory bail in FIR No. 0416/2020
registered under Sections 376/313 IPC at Police Station Bhajanpura,
Delhi.
2. Learned counsel for the petitioner submits that the present FIR has
been lodged on account of misunderstanding between the parties and the
complainant has already given request for re-recording of her statement
under Section 164 Cr.P.C. He further submits that the petitioner is a
Government servant. It is also submitted that in pursuance of the previous
orders, the petitioner has joined investigation. It is further submitted that
although the alleged incident was committed between the period from
January, 2020 to June, 2020, however, the FIR came to be registered only
on 12.07.2020.
3. Ms. Meenakshi Chauhan, ld. APP for the state has opposed the bail
WWW.LIVELAW.IN

application. It is stated that the prosecutrix has supported her allegations


in her statement recorded under Section 164 Cr.P.C.
4. The prosecutrix as well as her mother have joined the V.C.
proceedings and have been identified by the I.O./SI Renu, P.S.
Bhajanpura. The mother of the prosecutrix submits that the petitioner has
married the prosecutrix and she has no objection if the petitioner is
released on anticipatory bail.
5. Keeping in view the totality of the facts and circumstances, it is
directed that in the event of his arrest, the petitioner be released on
anticipatory bail, subject to his furnishing a personal bond in the sum of
Rs.25,000/- with one surety in the like amount to the satisfaction of the
concerned Arresting Officer/I.O./SHO of the concerned Police Station
and also subject to the following conditions:-
(i) The petitioner shall not leave the jurisdiction of NCT
of Delhi without prior permission of the concerned Court.
(ii) The petitioner shall remain available on his mobile
number i.e. 8287618760, which he undertakes to keep
operational at all times during the period of trial.
(iii) In case of change of residential address or contact
details, the petitioner shall promptly inform the same to the
I.O./SHO.
(iv) The petitioner shall join investigation as and when
required and shall also regularly appear before the trial Court
as and when the charge-sheet is filed.
6. The application stands disposed of in the above terms.

MANOJ KUMAR OHRI, J


NOVEMBER 27, 2020/‘dc’

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