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High Court of DelhiBAIL APPLN./109/2017

Chetan Manchanda v. The State (Govt. Of NCT Of Delhi)

2017-01-27Hon'Ble Ms. Justice Mukta Gupta2 pages

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 109/2017 CHETAN MANCHANDA ..... Petitioner Represented by:

Mr. Vivek Agarwal, Adv.

versus THE STATE (GOVT. OF NCT OF DELHI) ..... Respondent Represented by:

Ms. Meenakshi Chauhan, APP with WSI Sharda Bindapur.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 27.01.2017 By the present petition the petitioner seeks regular bail in case FIR No.571/2016 under Sections 377/323/506 IPC registered at PS Bindapur. The allegations against the petitioner on the complaint registered by his wife are that after the marriage with the petitioner on 17th February, 2015 the petitioner and his mother started misbehaving with her. It is alleged that the petitioner established unnatural sexual relationship. After the birth of the child the beating aggravated and the petitioner twice or thrice threatened to kill the complainant and the daughter as well. On 27th July, 2015 the petitioner besides forcibly doing unnatural intercourse threatened her to make her handicap by breaking her legs and burning her face. For the incident dated 7th August, 2016 when she was beaten and saved by her BAIL APPLN. 109/2017

neighbours, a PCR call was made. As per the MLC the complainant has received multiple abrasions over the face, bruise on forehead left side, tenderness over the head (occipital part) and back. Considering the nature of allegations, anticipatory bail applications filed by the petitioner were dismissed first by the Additional Sessions Judge and then by this Court. The petitioner has since surrendered before the Court on 2nd December, 2016 and has been in custody for more than 55 days. The petitioner is now no more required for custodial interrogation. Considering the nature of allegations and the fact that the petitioner has already been in custody for nearly 55 days, this Court deems it fit to grant bail to the petitioner.

It is therefore directed that the petitioner be released on bail on his furnishing a personal bond in the sum of ₹25,000/- with one surety of the like amount subject to the satisfaction of the learned Trial Court, further subject to the condition that he will not leave the country without the prior permission of the Court concerned. Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

JANUARY 27, 2017 'ga'

BAIL APPLN. 109/2017