Dinesh Chauhan v. State

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 414/2020, CRL.M.(BAIL) 274/2020, CRL.M.A.

3159/2020 DINESH CHAUHAN ..... Petitioner Through:

Mr. Lewish Edward, Mr. Kesana Vishnu Vardhan & Mr. Yashvir Singh, Advocates.

versus STATE ..... Respondent Through:

Ms. Meenakshi Dahiya, learned APP for State with SI Ved Prakash, PS Sarita Vihar.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 12.02.2020 CRL.M.A. 3159/2020 (Ex.) Exemption allowed subject to all just exceptions. The application stands disposed of.

BAIL APPLN. 414/2020 The status report has been submitted by the State opposing the prayer made by the applicant seeking grant of anticipatory bail which has already disallowed by this Court vide order dated 16.01.2020 in Bail Appl. No.90/2020.

On behalf of the applicant, it is sought to be contended that the provisions of Section 313/377 of the Indian Penal Code, 1860 are not applicable in the instant case. The said aspect is taken into account

vide order dated 16.01.2020 in Bail Appl. No.90/2020. A further submission is made on behalf of the applicant that the statement under Section 164 of the Cr.P.C., 1973 is an afterthought to falsely implicate the applicant and that it is a marriage of five years between the petitioner and the complainant and that the applicant has been falsely implicated. The said aspect of the consideration of the statement under Section 164 of the Cr.P.C., 1973 of the prosecutrix is also determined vide order dated 16.01.2020.

There is thus, no ground whatsoever for grant of anticipatory bail. The application is thus, declined.

ANU MALHOTRA, J FEBRUARY 12, 2020 'neha chopra'