Ikrar v. State

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1464/2019 IKRAR ..... Petitioner Through:

Mr.Amitava Poddar and Ms.Sheikh Baby Saba Khan, Advocates with applicant in person.

versus STATE ..... Respondent Through:

Mr.Kewal Singh Ahuja, APP for State With SI Manisha Sharma, PS Aman Vihar Prosecutrix in person.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 17.01.2020 The Investigating Officer of the case is present in terms of the directions dated 24.9.2019 of this Court No. 67/Rules/DHC as it was considered essential that the prosecutrix is present. Efforts have been made by the State to trace out the prosecutrix. Pursuant to the directions dated 14.11.2019, 6.12.2019 and 16.12.2019, the prosecutrix is now present. The status report has been submitted on behalf of the State. The prosecutrix present today has been identified by the Investigating Officer. The prosecutrix as per the Investigating Officer has accepted her signatures on a letter dated 21.11.2018. The Investigating Officer SI Manisha Sharma, PS Aman Vihar identifies the applicant also as being the accused arrayed in the FIR No.

1469/15 PS Aman Vihar, registered under Section

376/506/109/34 of the Indian Penal Code, 1860. Learned counsel for the applicant has also placed on record a copy of the order of the learned Trial Court dated 29.8.2017 of the Court of the learned ASJ-Special Fast Track Court, North-West, Rohini Courts, Delhi to contend to the effect that the co convict Kale against whom there allegations of incriminating rape is on bail. In view of the status report that has been submitted by the State today as well as the response of the prosecutrix in reply to specific Court query wherein she states that she does not identify the applicant, without any observation on the merits or demerits of the trial in progress, it is considered appropriate that the applicant, in the event of arrest, is allowed to be released on bail on submission of a personal bond in the sum of Rs.

50,000/- with two sureties in the like amount to the satisfaction of the Trial Court with the directions that the applicant shall not leave the country, shall not make any contact with the prosecutrix and shall not tamper with the evidence. The Bail Appln. No. 1464/2019 is disposed of. Copy of the order be given Dasti, as prayed.

ANU MALHOTRA, J JANUARY 17, 2020/SV