Deepak v. The State Govt Of NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 322/2018 DEEPAK ..... Petitioner Through Mr. N Naushad, Adv versus THE STATE GOVT OF NCT OF DELHI ..... Respondent Through Ms. Meenakshi Dahiya, APP for State SI Rajender Singh, PS Malviya Nagar

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 09.02.2018 Learned counsel for the petitioner submits that prosecutrix is about 22 years of age and is major. Petitioner and prosecutrix were in a relationship.

After their relationship broke off, prosecutrix has lodged this FIR against the petitioner alleging therein that petitioner had developed physical relations with her on the pretext of getting marriage with her. It is submitted that no such promise was ever extended by the petitioner.

Learned APP for the State has opposed the grant of anticipatory bail to petitioner. It is contended that petitioner and prosecutrix met through the facebook, later they became friends. In the year 2017, on the day of Diwali festival, petitioner called the prosecutrix in a park and raped her.

When prosecutrix met him again, he promised to marry her and, therafer, he continued to rape her between 30th October, 2017 to 3rd November, 2017. When prosecutrix insisted for

marriage, petitioner refused to marry her. Petitioner came to know that petitioner's marriage was fixed with somebody else for 14th November, 2017.

Accordingly, FIR was lodged by her on 8th November , 2017.

Keeping in mind the totality of the facts and circumstances of this case, as detailed above, it is ordered that in case of arrest, petitioner be released on anticipatory bail subject to his furnishing a personal bond in the sum of `10,000/-(Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the Investigating Officer/Arresting Officer/SHO concerned. Bail application is disposed of in the above terms.

Miscellaneous application is disposed of as infructuous. Dasti. A.K. PATHAK, J FEBRUARY 09, 2018 sm