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High Court of DelhiBAIL APPLN./76/2018

Afseen v. The State Govt Of NCT Of Delhi

2018-01-11Hon'Ble Ms. Justice Anu Malhotra2 pages

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 76/2018 and AFSEEN ..... Petitioner Through:

Mr.M.R.Chanchal, Advocate versus THE STATE GOVT OF NCT OF DELHI ..... Respondent Through:

Mr. Raghuvinder Varma, APP for State

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 11.01.2018 Crl.M.A. No. 570/2018 (Exemption) This is an application filed on behalf of the petitioner for exemption from filing certified copies of the annexures. Exemption allowed, subject to just exceptions. Bail Appln No.76/2018 Submissions have been made on behalf of either side. On behalf of the applicant, it has been submitted that she has been falsely implicated in the instant case and has a one year old child and she had joined the investigation of the case as and when required. It is also submitted on behalf of the applicant to the effect that the allegations relate against the co-accused Salman, a juvenile, who has since been released on bail.

On behalf of the State, the application has been vehemently opposed submitting to the effect that the FIR itself makes allegation of abduction of the prosecutrix..

It is inter alia submitted on behalf of the State that even at that time of the incident the applicant was allegedly present. The date of birth of the co-accused Salman was falsely given being 20.8.1996 whereas in fact the date of birth of the co-accused Salman is 29.7.2000 at the time of Nikah.

Taking into account the averments in the FIR and also the averments in the statement under Section 164 Cr.P.C. there is no ground for grant of anticipatory bail whatsoever. The bail application is dismissed.

ANU MALHOTRA, J JANUARY 11, 2018/sv