Johnson Mathew v. State

$~1 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 90/2016 & Crl.M.A.13996/2016 JOHNSON MATHEW ..... Petitioner Through :

Mr.Manoj Ohri, Sr.Advocate, with Mr.Harpreet Singh Uppal, Mr.Mohit Dewan, Mr.Abhimanyu singh, Advocates.

versus STATE ..... Respondent Through :

Mr.Amit Gupta, APP Mr.Mukul Gupta, Sr.Advocate, with Mr.Nitya Sharma, Mr.Archit Upadhayay, Mr.Tushar Gupta, Advocates, for the complainant.

SI Surekha, PS Malviya Nagar.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 22.11.2016 1.

The petitioner seeks anticipatory bail in case FIR No.2054/2015 under Section 393/328/376 IPC registered at Police Station Malviya Nagar. Status report is on record.

2.

I have heard the learned counsel for the parties including the learned Senior Counsel for the complainant and have examined the

file.

3.

It is informed that upon completion of investigation, a chargesheet has already been filed. 4.

By an order dated 15.01.2016, the petitioner was granted interim protection and was directed to join the investigation as and when required.

Undisputedly, the petitioner has joined the investigation since then.

5.

Status report reveals that the complainant met the petitioner on 5.10.2009 as they used to work in the same office. On 18.10.2009, physical relations took place between the two on the alleged promise to marry.

It further reflects that subsequent physical relationship continued between the two and the victim became pregnant on four occasions. Pregnancies were terminated. The parties lived together at various places for sufficient duration.

In November, 2011 at one stage, the petitioner shifted to Australia and the complainant to Dubai. FIR under Sections 323/342/34 IPC was lodged by the complainant against the accused and his parents on 07.11.2015. 6.

Considering the continuous relationship between the two without any demur for sufficient long duration and the fact that the charge-sheet has been filed in the court and the petitioner is putting appearance therein, he is admitted to bail and in the event of arrest, he be released on bail on his furnishing personal bond in the sum of `50,000/-with one surety in the like amount to the satisfaction of the Trial Court. The petitioner shall surrender his pass-port in the court and shall not travel abroad without prior permission of the Trial

Court.

7.

The bail application stands disposed of.

S.P.GARG, J.

NOVEMBER 22, 2016/sa