Hukam Chand v. NCT Of Delhi

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 418/2018 HUKAM CHAND ..... Petitioner Represented by:

Mr.J.S.Malik, Advocate versus NCT OF DELHI ..... Respondent Represented by:

Ms.Meenakshi Chauhan, APP for the State with SI Neeraj Kumar, PS Gazipur, Delhi

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 06.07.2018 1.

By this petition, the petitioner seeks anticipatory bail in case FIR No.256/2017 under Section 376/354 IPC registered at PS Gazipur. The abovnoted FIR was registered on 20th August, 2017 on the complaint of the prosecutrix who alleged that since she was not conceiving, her mother inlaw and her husband took her to the petitioner who asked her to sit before him in a dark room and her mother-in-law and husband were directed to wait outside. Thereafter the petitioner made her stand in front of him and handed over a coin to her and taking back the coin from her hand, he started rolling the coin all over her body and touched her private parts with ill intention. On returning home, she told her mother-in-law and in the evening, her parents came, whereafter she lodged the complaint. BAIL APPLN. 418/2018

2.

In her statement under Section 164 Cr.P.C. the prosecutrix in addition to the allegations as noted above also alleged that the petitioner inserted his finger in her vagina. Charge sheet was filed against the petitioner without arrest.

3.

Statement of the prosecutrix has since been recorded before the Court. Since the petitioner is no more required for investigation, is on interim protection since 21st February, 2018 and there is no allegation that he influenced the prosecutrix or any other witness, this Court deems it fit to grant anticipatory bail to the petitioner. It is, therefore, directed that in the event of arrest, the petitioner be released on bail on his furnishing a personal bond in the sum of ₹25,000/- with one surety bond of the like amount to the satisfaction of the Arresting Officer/SHO concerned. The petitioner will not leave the country without the prior permission of the Court concerned. 2.

Petition is disposed of.

3.

Order dasti.

MUKTA GUPTA, J.

JULY 06, 2018 mamta BAIL APPLN. 418/2018