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High Court of DelhiBAIL APPLN./222/2018

Nadeem Ahmad v. The State Govt Of NCT Of Delhi

2018-03-07Hon'Ble Mr. Justice A.K. Pathak2 pages

$~9 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 222/2018 NADEEM AHMAD ..... Petitioner Through Mr. M.P. Sinha and Ms. Mumtaj, Advs.

versus THE STATE GOVT OF NCT OF DELHI ..... Respondent Through Dr. M.P. Singh, APP with SI Veena Kumari, P.S. Sarai Rohilla

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 07.03.2018 Learned counsel for the petitioner submits that prosecutrix is a grown up woman, aged about 22 years.

She was in a relationship with the petitioner.

After their relationship broke off , prosecutrix has lodged the present FIR alleging therein that petitioner had established physical relations with her on the pretext of marrying her. It is further submitted that on the complaint of prosecutrix, FIR No. 743/2016 under Section 376 IPC was also registered at Police Station Khora against one Monu, wherein trial is pending. Prosecutrix stepped in the witness box as PW1 in the said case and has deposed that petitioner had not raped her. She has stated in her

statement that petitioner had married her.

Investigations are complete in this case and charge-sheet has been filed. Petitioner is in custody for more than five months. Learned APP has vehemently opposed the grant of bail to petitioner. It is contended that petitioner developed sexual relations with the prosecutrix by extending false promise of marriage. Prosecutrix became pregnant. However, petitioner refused to marry the prosecutrix. Offence is serious in nature.

Keeping in mind the totality of the facts and circumstances of this case, petitioner is admitted to bail, subject to his furnishing a personal bond in the sum of `25,000/- (Rupees Twenty Five Thousand Only) with one surety in the like amount to the satisfaction of the trial court. Bail application is disposed of in the above terms. Dasti. A.K. PATHAK, J.

MARCH 07, 2018 r.bararia