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High Court of DelhiBAIL APPLN./4228/2023

Parveen Kumar v. State NCT Of Delhi And ANR.

2024-05-01Hon'Ble Mr. Justice Anoop Kumar Mendiratta2 pages

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 4228/2023 PARVEEN KUMAR ..... Petitioner Through:

Mr. R.B. Sharma and Mr. H.K.

Bakshi, Advs.

versus STATE NCT OF DELHI AND ANR.

..... Respondents Through:

Ms.Meenakshi Dahiya, APP for State with SI Ritu, PS Nangloi.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 01.05.2024 CRL.M.A. 34507/2023 Exemption allowed, subject to just exceptions. Application stands disposed of.

BAIL APPLN. 4228/2023 1.

An application under Section 438 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioner/applicant for grant of anticipatory bail in FIR No. 728/2023 under Sections 376 IPC registered at P.S.: Nangloi, Delhi.

2.

In brief, as per the case of prosecution, present FIR was registered on complaint of Smt. 'R', who alleged that petitioner had established forceful sexual relations with her several times, on false pretext of marriage. However, since the conduct of the petitioner was objectionable, the complainant changed her address but even thereafter petitioner continued to BAIL APPLN. 4228/2023 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/05/2024 at 12:45:56

visit her new address and established forceful sexual relations with the complainant. FIR was accordingly registered under Section 376 IPC. 3.

Learned counsel for the petitioner submits that vide order dated 15.12.2023, it has been recorded that complainant is willing to compromise and does not oppose the application for grant of anticipatory bail. 4.

I have given considered thought to the contentions raised. Petitioner has already joined the investigation. Considering the totality of facts and circumstances, since the application is not opposed by prosecutrix, in the event of arrest, petitioner be released on bail on furnishing a personal bond in the sum of Rs.20,000/- (Rupees Twenty Thousand only) with one surety in the like amount to the satisfaction of IO/SHO, P.S. concerned and subject to following conditions: (i) Petitioner shall provide his mobile number to the Investigating Officer (IO)/SHO concerned at the time of release; (ii) In case of change of address, appellant shall intimate/communicate his address to the IO/SHO concerned; (iii) Petitioner shall join the investigation, as and when directed by the Investigating Officer (IO)/SHO concerned; Application is accordingly disposed of.

ANOOP KUMAR MENDIRATTA, J MAY 1, 2024/akc BAIL APPLN. 4228/2023 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/05/2024 at 12:45:56