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High Court of DelhiBAIL APPLN./3066/2024

Dharmendra Singh v. The State (NCT Of Delhi)

2024-11-11Hon'Ble Mr. Justice Jasmeet Singh3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 3066/2024 DHARMENDRA SINGH .....Petitioner Through:

Mr. Kartickay Mathur, Adv.

versus THE STATE (NCT OF DELHI) .....Respondent Through:

Mr. Aman Usman, Adv.

Mr. Manish Choudhary, Adv.

Ms. Shubhi Gupta, APP with SI Kusum, PS KNK Marg

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 11.11.2024 1.

This is a petition filed under section 482 read with section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail in FIR No. 0207/2024 dated 17.05.2024 under Section 376 of IPC registered at PS K.N. Katju Marg.

2.

It is the case of the prosecution that the complainant/victim met the petitioner on 19.02.2023 on facebook social media platform and started talking to him. Further their marriage got fixed for November, 2024 by the family members. In the meantime, the petitioner came to Delhi on 17.02.2023 and took the complainant to a hotel situated in Rohini wherein he entered into forcible physical relation with the victim. Thereafter, the petitioner is stated to have got married to someone else. 3.

Vide Order dated 02.09.2024, this Court granted interim protection to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the petitioner on the ground that the date of incident is December, 2023 but the present FIR was lodged only on May, 2024 when the marriage between the petitioner and the victim could not be solemnised. 4.

Mr Choudhary, learned counsel appears for the complainant and opposes the bail application.

5.

In the present case, the petitioner has cooperated in the investigation, the said investigation is completed and chargesheet has been filed. Further, the concerned Court has now listed the matter for taking cognizance. 6.

Keeping in view the aforesaid facts and circumstances of the present case, the present petition is allowed. It is directed that in the event of arrest, the petitioner be released on bail subject to his furnishing a personal bond in the sum of Rs. 20,000/- with one surety of like amount to the satisfaction of the concerned Investigating Officer and also subject to the following further conditions:- (i) At the time of furnishing bail bond, the petitioner shall provide the mobile number, which he undertakes to keep operational at all times during the pendency of the trial. (ii) The petitioner shall inform the concerned Investigating Officer about his current residential address. (iii) In case of change of residential addresses/contact details, the petitioner shall promptly inform the same to the concerned Investigating Officer/SHO.

(iv) The petitioner shall join the investigation as and when asked.

(v) The petitioner shall not directly or indirectly try to get in touch with the complainant or any other prosecution The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

witnesses or tamper with the evidence.

(vi) The petitioner shall regularly appear before the trial Court. 7.

Needless to state that nothing observed hereinabove shall amount to an expression on the merits of the case and shall not have a bearing on the trial of the case as the same has been expressed only for the purpose of the disposal of the present petition.

8.

The petition is disposed of in the above terms. JASMEET SINGH, J NOVEMBER 11, 2024/DM Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.