Akash Alias Arjun v. State NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 231/2017 AKASH ALIAS ARJUN ..... Petitioner Through :

Mr. D. K. Bhatia, Ms. Alka Bhatia and Mr. Ravinder Kumar, Advs.

versus STATE NCT OF DELHI ..... Respondent Through :

Ms.

Neelam Sharma, APP with Inspector Yogesh, SHO/PS Khajuri Khas and ASI Jaiveer PS Khajuri Khas.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 29.03.2017 Learned counsel for petitioner submits that petitioner has been falsely implicated. Prosecutrix has not stated anywhere that petitioner was armed with any weapon. It is submitted that prosecutrix is aged about 21 years. As per her own version, she was taken by the petitioner to a vacant room and raped by the petitioner there.

According to her, she was taken on a motorcycle. Prosecutrix has not alleged that petitioner had threatened her in any manner by any weapon. Prosecutrix remained in the room for a day but she did not make any efforts to escape nor did she raise any alarm, even though the alleged room was situated in a thickly populated area.

Prosecutrix's version itself shows that she was a consenting party. Petitioner is in custody since December 2015. Keeping in mind the totality of circumstances, 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 of the like amount to the satisfaction of trial court.

Application is disposed of in the above terms. Dasti.

A.K. PATHAK, J.

MARCH 29, 2017/dk