Darshan Kumar v. The State ( Govt Of NCT Delhi)
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 201/2019 DARSHAN KUMAR ..... Petitioner Through:
Mr.M.K. Duggal, Adv versus THE STATE ( GOVT OF NCT DELHI) ..... Respondent Through:
Mr.Rajat Katyal, APP for State with SI Jitender PS KNK Marg
CORAM:
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
O R D E R
% 11.04.2019 Vide order dated 25.01.2019 the petitioner was given interim relief that no coercive action be taken against the petitioner till the next date of hearing in view of the fact that in the statement recorded under Section 164 Cr.P.C, the complainant has not supported the version as recorded in the FIR and has, in fact, stated that physical relation was made with her consent and thereafter an altercation took place on account of which she made a complaint. She stated that there was no forceful physical relationship. Learned APP for the state submits that the petitioner /Darshan Kumar has already joined investigation and no custodial interrogation is required to be done.
In the circumstance, the interim order dated 25.01.2019 is confirmed. It is hereby directed that in the event of arrest till filing of the chargesheet, the petitioner, Darshan Kumar be released on bail on the following terms and conditions:-
(i) That the petitioner shall furnish a personal bond in the sum of Rs.25,000/- with one surety of the like amount subject to the satisfaction of Arresting Officer/SHO concerned; (ii) That the petitioner shall cooperate with the investigation and make himself available for interrogation by police officer, as and when required;
In case of default of aforementioned condition, the State is at liberty to take appropriate recourse in accordance with law. Before parting with the order, it is relevant to mention that nothing contained in this order shall be construed as an expression on the merits of the case.
Application stands disposed of.
Copy of the order be given dasti under the signatures of Court Master. SANGITA DHINGRA SEHGAL, J APRIL 11, 2019 SU