Shrawan Kumar v. Government Of National Capital Territory Of Delhi

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2182/2020 SHRAWAN KUMAR .....Petitioner Through:

Mr Rama Shankar, Advocate.

versus GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI ..... Respondent Through:

Mr G.M. Farooqui, APP for State.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 14.08.2020 The hearing was conducted through video conferencing. CRL MA 10975/2020 (Exemption)

1. Allowed, subject to all just exceptions. The applications stand disposed off.

BAIL APPLN. 2182/2020 & CRL MA 10974/2020 (For stay of arrest)

2. Issue notice.

3. The learned Additional Public Prosecutor named-above accepts notice on behalf of the Respondent/ State.

4. At the request of the learned counsel for the parties, the bail application is taken up for disposal.

5. The petitioner/applicant seeks anticipatory bail in case FIR No.502/2019 under Sections 376/377/380/420/509/506 IPC registered at Police Station Dwarka South, New Delhi.

6. The complainant was a divorcee. She complained that after she started living with the petitioner, consequent upon her marriage with the petitioner on 11.2016 at Samaj Mandir, Plot No.5-A, G Block, Qutub Vihar, Phase-I, near Sector19-B, Dwarka, New Delhi, differences arose between them due to financial constraints. The petitioner is a government employee, he works for railways. The complainant alleges that on a couple of occasions, the petitioner forced himself sexually upon the wife and also took away some gold bangles from her. The petitioner has a residence in Delhi. He states that he is ready and willing to join investigation.

7. In the circumstances, let him join investigations; however, in the event of arrest, the petitioner shall be released on bail on his furnishing a Personal Bond in the sum of Rs.25,000/- with one surety of the like amount, to the satisfaction of the concerned IO/SHO/Duty MM. The petitioner is directed to join investigation as and when so required by the IO on serving of a notice upon him, preferably via video-conferencing, keeping in view the social distancing regulations that would be observed in view of the current pandemic circumstances. Otherwise, preventive measures like social distancing and proper disinfecting, etc shall be observed in order to prevent the spread of the corona virus in present pandemic/COVID-19 situation.

8. The bail application, along with pending application, is disposed-off in terms of the above.

9. Nothing stated in this order shall be deemed to be an adjudication on the merits of the case.

10. The order be uploaded on the website forthwith. Copy of the order

be also forwarded to the counsels through email. NAJMI WAZIRI, J AUGUST 14, 2020/rd