Sumit Aggarwal v. The State

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 598/2019 SUMIT AGGARWAL ..... Petitioner Through:

Mr. B.S. Rana and Mr. Amit Sharma, Advocates

Versus

THE STATE ..... Respondent Through:

Ms. Neelam Sharma, Additional Public Prosecutor for State

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 08.03.2019 Crl.M.A. 5104/2019 (Exemption) Allowed, subject to all just exceptions.

BAIL APPLN. 598/2019 Pre-arrest bail is sought by petitioner in FIR No. 43/2019, under Sections 376/506 of IPC, registered at police station Nabi Karim, Delhi while claiming that the relationship between petitioner and prosecutrix was consensual.

Learned counsel for petitioner has drawn the attention of this Court to the whatsapp messages between petitioner and prosecutrix and to the photographs in support of above stand. Reliance is placed by Petitioner's counsel upon order of a Coordinate Bench of this Court in Jagdish Nautiyal Vs. State 2013(1) JCC 311 to submit that even if the consent of BAIL APPLN. 598/2019

complainant was obtained by misrepresentation under the guise of marriage, still it is not a case for custodial interrogation. Learned Additional Public Prosecutor for respondent-State opposes this application on the ground that offence committed by petitioner is heinous one and from the whatsapp messages, it is clear that petitioner had obtained consent of prosecutrix by misrepresentation. It is also submitted that prosecutrix had made a complaint to the local police that petitioner had extended threats to her on 26th February, 2019 after petitioner's bail application was dismissed by the court below. Upon hearing, I find that it is not a fit case for grant of pre-arrest bail, as the allegations levelled against petitioner are of serious nature and because petitioner has been extending threats to the prosecutrix. Accordingly, this bail application is dismissed, while not commenting upon the merits of this case.

(SUNIL GAUR) JUDGE MARCH 08, 2019 p'ma BAIL APPLN. 598/2019