Salman v. State

$~54 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2664/2019 SALMAN ..... Petitioner Through:

Mr M. Hasibuddin and Mr Sanjay K.

Sharma, Advocates.

versus STATE ..... Respondent Through:

Mr Amit Gupta, APP for State.

SI Mahender Singh, PS Pul Prahladpur.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 21.10.2019 CRL.M.A. 38766/2019 1.

Exemption is allowed, subject to all just exceptions. 2.

The application stands disposed of.

BAIL APPLN. 2664/2019 3.

The petitioner has filed the present petition, inter alia, seeking bail in connection with FIR No. 153/2019, under Sections 376/328/313/354C/120B of the IPC, registered with PS Pul Prahladpur. 4.

The said FIR was registered at the instance of the complainant. She stated that she had come in contact with the petitioner when she started working with him. They become friends and the petitioner had proposed to her.

5.

It is stated that on 11.04.2019 - which was the complainant's birthday

- the petitioner had arranged a party in a hotel and after the party, he had established physical relationship with her on the assurance that he would marry her. She had alleged that he had once again made physical relationship on 11.06.2019, but thereafter had refused to marry her. The complainant had also alleged that the petitioner had made a video of her in an objectionable position and had also threatened her that if she pressurised him to marry her, he would circulate the same. 6.

The petitioner was taken in custody on 25.07.2019 and has been in custody since. The investigation is over. The petitioner's mobile phone has been recovered and sent to FSL. However, no offending material was found by the police, as it is alleged that the same was deleted. 7.

Considering the facts of this case, there is no requirement for the petitioner to be retained in custody. It does appear that the case against the petitioner, as of date, is premised only on the allegations made by the complainant.

8.

The petitioner shall be released on bail on his furnishing personal bond in the sum of ₹10,000/- with one surety of an equivalent amount to the satisfaction of the Trial Court.

9.

This is also subject to complying with the following conditions: (a) That the petitioner shall not leave the National Capital Territory of Delhi without the approval of the Trial Court. (b)That he shall not try to contact the complainant or try to influence her in any manner (either directly or indirectly). 10.

The petition is allowed in the aforesaid terms.

11.

Order dasti under signature of Court Master.

VIBHU BAKHRU, J OCTOBER 21, 2019 RK