Manoj Devi v. The State Govt Of NCT Of Delhi

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 188/2018 & CRL.M.A. 1367/2018 MANOJ DEVI ..... Petitioner Through Mr. M.R. Chanchal, Adv.

versus THE STATE GOVT OF NCT OF DELHI ..... Respondent Through Mr. Ashish Dutta, APP for State

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 23.01.2018 On behalf of the applicant, it has been submitted that the applicant has been falsely implicated in the instant case and the applicant has no role to play whatsoever and that the prosecutrix is already residing at her parental home.

On behalf of the State, the application is opposed submitting inter alia to the effect that the applicant is involved in the alleged confinement of the prosecutrix whereupon she was also raped by the nephew of the applicant. Without any observation on the merits or demerits of the case and on a perusal of the statement u/s 164 of the Criminal Procedure Code, 1973 of the prosecutrix which states that the prosecutrix had requested the applicant to permit her to leave from the residence of the applicant where she had been taken by the other co-accused including the JCL who was the main accused, she was not permitted to do so and furthermore thereafter she was also raped by the JCL at the residence of the applicant, in the circumstances, there is no ground for grant of anticipatory bail. The application is declined.

ANU MALHOTRA, J JANUARY 23, 2018/MK