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High Court of DelhiBAIL APPLN./680/2019

Anita v. The State (NCT Of Delhi)

2019-03-18Hon'Ble Mr. Justice Sunil Gaur3 pages

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 680/2019 & CRL.M.A. 5822/2019 ANITA ..... Petitioner Through:

Mr. S. Mohit, Advocate

Versus

THE STATE (NCT OF DELHI) ..... Respondent Through:

Mr. M.P. Singh, Additional Public Prosecutor for State with SI Hema Chaudhary

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 18.03.2019 Petitioner seeks pre-arrest bail in FIR No. 505/2018, under Sections 376/328/109 of IPC, registered at police station Khajuri Khas, Delhi while claiming to be innocent.

Learned counsel for petitioner submits that petitioner is falsely implicated in this case and the co-accused is in custody and so, no useful purpose would be served by custodial interrogation of petitioner. Upon notice, learned Additional Public Prosecutor submits that role of petitioner is spelt out by prosecutrix in her statement recorded under Section 164 Cr.P.C. Copy of the said statement has been shown to the Court.

Upon hearing and on perusal of the statement of prosecutrix under Section 164 Cr.P.C., I find specific role has been assigned to petitioner, which prima-facie shows that she had facilitated the offence in question.

No case for grant of pre-arrest bail is made out. The bail application is accordingly dismissed, while not commenting upon merits of this case.

(SUNIL GAUR) JUDGE MARCH 18, 2019 p'ma