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High Court of DelhiBAIL APPLN./119/2025

Dr. Anand Kumar v. State Of NCT Of Delhi

2025-11-10Hon'Ble Mr. Justice Ajay Digpaul3 pages

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 119/2025 & CRL.M.A. 10518/2025 DR. ANAND KUMAR .....Petitioner Through:

Ms. Pinky Anand, Sr. Adv. along with Mr. Vibhu Shanker Mishra, Ms. Samta Pushkarna Mishra, Ms.

Dibya Kumari, Ms. Chanya Jaitly, Mr. Samrat Pasriccha and Mr. Devendra Kumar, Advs.

versus STATE OF NCT OF DELHI .....Respondent Through:

Mr. Raghuinder Verma, APP for State with Mr. Aditya Vikram Singh, Adv.

Mr. Arjun Malik, Adv. for R-2/complainant

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 10.11.2025 1.

The present petition under Section 438 of the Code of Criminal Procedure, 1973 (now corresponding provision of the Bharatiya Nagarik Suraksha Sanhita, 2023) has been filed seeking grant of anticipatory bail in case FIR No. 969/2024 registered at Police Station Mehrauli for the offences punishable under Section 376 of the Indian Penal Code, 1860 ('IPC'). 2.

The case of the prosecution, as per the FIR, is that the complainant, Ms. 'N', has alleged that the petitioner established physical relations with her since the year 2019 on the false promise of marriage. 3.

Vide order dated 24.04.2025, this Court granted interim protection to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the petitioner subject to the condition that he shall join the investigation and cooperate with the Investigating Officer.

4.

Pursuant to the aforesaid order, the status report has been filed on behalf of the State. As per the said report, the complainant was medically examined at AIIMS, and no evidence of recent sexual contact was found. The statement of the complainant under Section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') and the statement of her sister under Section 180 BNSS were recorded, both supporting the allegations made in the complaint.

5.

The status report further reveals that raids were conducted at RIIMS, Ranchi, to trace the petitioner, who was initially not found available. Subsequently, his mobile phone was seized through his brother and sent to the FSL for forensic analysis. A request was also sent to Meta for retrieval of relevant WhatsApp chats and data, though only limited information was received. Pursuant to the directions of this Court, the petitioner joined the investigation, was duly interrogated, and his medical and potency examinations were conducted at AIIMS, which confirmed that he is potent. The investigation is stated to be continuing. 6.

Learned APP for the State, on instructions, submits that the petitioner has been joining and cooperating with the investigation. 7.

Having considered the submissions advanced and the material placed on record, this Court finds that the petitioner has duly complied with the directions of this Court, joined the investigation, and cooperated with the Investigating Officer. It is also being submitted that the petitioner has handed over his mobile phone containing the relevant WhatsApp chats to the Investigating Agency.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

Considering the above-mentioned information, along with the fact that the petitioner has also joined and cooperated with the investigation, this Court deems it appropriate to direct the IO/SHO/Arresting Officer/Trial Court to enlarge the petitioner on bail in the event of his arrest in connection with FIR no. 969/2024 registered at Police Station Mehrauli, under Section 376 IPC, on his furnishing personal bond to the sum of 25,000/- (Rupees Twenty-Five Thousand Only) with one solvent surety of the like amount to their satisfaction on the following terms and conditions: i. The petitioner shall remain available on mobile numbers; shared by him with the Police;

ii. The petitioner shall not leave the country without prior permission of the concerned Court;

iii. The petitioner shall not directly or indirectly make any attempt to influence the witnesses or tamper with the evidence in any manner; iv. In case of change of residential address or contact details, the petitioner shall promptly inform the same to the concerned SHO/IO.

9.

It is clarified that nothing stated hereinabove shall be construed as an expression of this Court's opinion on the merits of the case, and the same shall not influence nor prejudice the learned Trial Court's decision. 10.

The present petition stands allowed in the aforesaid terms. 11.

Pending applications, if any, are disposed of accordingly. AJAY DIGPAUL, J NOVEMBER 10, 2025 gs/dd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.