Sandeep Kumar v. State ( NCT) Of Delhi

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 480/2019 SANDEEP KUMAR ..... Petitioner Represented by:

Mr.Abhijat and Mr.Abhishek Aggarwal, Advocates versus STATE ( NCT) OF DELHI ..... Respondent Represented by:

Ms.Meenakshi Chauhan, APP for the State

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 18.03.2019 1.

By this petition, the petitioner seeks anticipatory bail in case FIR No.534/2016 under Sections 376/451/506 IPC registered at PS Bawana. The allegations of the prosecutrix in the FIR in question are that after her husband died two years ago, she started living at her sister's house where the petitioner entered their house and forcibly raped her, clicked her photographs and threatened her to upload her photographs on the internet and in case she told anything to any of the family members he would kill them. It is alleged that the petitioner also forcibly snatched her chain, tops and kangan.

2.

During the course of investigation, as regards misappropriation of her items, it was found that the jewellery items of the prosecutrix were pledged with Muthoot Fincorp Limited which loan was repaid by the petitioner and BAIL APPLN. 480/2019

jewellery returned to the complainant.

3.

During the course of investigation, the complainant appeared before the Delhi Mediation Centre and stated that basically the dispute between the parties was with regard to repayment of loan and she did not want to proceed further with the matter.

4.

In view of this statement of the prosecutrix, charge sheet has since been filed without arrest of the petitioner who cooperated during the course of investigation. Petitioner has now been summoned by the learned Trial Court.

5.

Considering the fact that the petitioner has joined the investigation and will be available for trial, this Court deems it fit to grant anticipatory bail to the petitioner. It is, therefore, directed that in the event of arrest, petitioner be released on bail on his furnishing a personal bond in the sum of ₹25,000/- with one surety bond of the like amount to the satisfaction of the Arresting Officer/SHO concerned/Court concerned further subject to the condition that in case of change of residential address, the petitioner will intimate the same to the Court concerned by way of an affidavit. 6.

Petition is disposed of.

7.

Order dasti.

MUKTA GUPTA, J.

MARCH 18, 2019 mamta BAIL APPLN. 480/2019