Amrender Singh v. State

$~2 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 83/2017 AMRENDER SINGH ..... Petitioner Through Mr.S.L. Sharma, Adv.

versus STATE ..... Respondent Through Mr.Panna Lal Sharma, APP with W/SI Koyal, PS Nihal Vihar.

Mr.Ajay Satija, Adv.

for the complainant.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 06.02.2017 Arguments heard.

The present application has been filed under Section 438 Cr.P.C. for the grant of anticipatory bail in FIR No.784/2016, under Sections 323/377 IPC, Police Station Nihal Vihar. As per FIR, the allegations levelled are that on 03.09.2016, the petitioner/accused gave beatings to the complainant and also broke her finger. At that time, father in law and mother in law were present there and the mother in law of the complainant managed the accused to flee away.

On 04.09.2016 at about 01.30 p.m., accused again came, gave abuses to the complainant and performed an unnatural act. Parents of the complainant had taken the complainant to their house. On 06.09.2016, parents of the complainant took her to Sanjay Gandhi

Hospital and she was medically examined.

In-laws of the complainant felt sorry but their behaviour did not change. On the basis of statement of the complainant, the FIR of the instant case was registered.

The complainant was medically examined and as per her MLC, she was victim of domestic violence and of unnatural sexual act.

Counsel for the petitioner has submitted that the accused as well as the complainant happen to be doctors and no custodial interrogation of the accused is required. He has prayed for the grant of bail to the accused.

On the other hand, learned APP for the State opposed the bail application.

He has submitted that allegations of Section 377 IPC pertain to dates 03/04.09.2016 and it is supported by the medical evidence of the complainant.

In the above mentioned facts and circumstances and in view of the allegations, this Court does not find any ground to grant the concession of anticipatory bail to the petitioner/accused. Bail application is accordingly dismissed.

P.S.TEJI, J FEBRUARY 06, 2017 dd