Manish Kumar v. The State

$~18 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2194/2019 MANISH KUMAR ..... Petitioner Through:

Mr Pramod Kumar, Mr Praveen Bhati and Mr B. Singh, Advocates.

versus THE STATE ..... Respondent Through:

Ms Nandita Rao, ASC for State with Si Nisha, PS Patel Nagar.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 17.10.2019 1.

The petitioner has filed the present petition, inter alia, praying that the petitioner be released on anticipatory bail in FIR No. 274/2019 under Sections 376/506/ 406 of IPC, registered with P.S. Patel Nagar. 2.

The said FIR was registered at the instance of one SD (the name is concealed to avoid any ignominy). She had complained that she along with her husband, her son and her uncle reside jointly at their residence located on the ground floor of a building. She had stated that the petitioner was residing on the first floor of the same building and used to visit her house. She complained that on one particular date, the petitioner had forced himself upon her. She stated that at that time, she did not disclose this fact to anyone as he had promised to get married to her. She had also stated that thereafter, she had visited various hotels along with the petitioner. 3.

It is stated that the chargesheet has been prepared. In this view, the investigation is already over. Considering the facts of this case, this Court is

of the view that there is no requirement of the petitioner to be arrested. 4.

The petition is allowed and the petitioner is granted anticipatory bail on his furnishing a personal bond in the sum of ₹5,000/- to the satisfaction of the Trial Court. The petitioner shall ensure that this is also subject to the condition that the petitioner would make himself available as and when called for the proceedings before the Trial Court. VIBHU BAKHRU, J OCTOBER 17, 2019 RK