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High Court of DelhiBAIL APPLN./3121/2024

Amit Kumar v. State NCT Of Delhi

2024-09-30Hon'Ble Mr. Justice Anish Dayal2 pages

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3121/2024 AMIT KUMAR .....Petitioner Through:

Mr. Gaurav Chitkara, Advocate (through VC) versus STATE NCT OF DELHI .....Respondent Through:

Mr. Amit Ahlawat, APP for State with SI Neetu Bisht, PS: :Paschim Vihar, East.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 30.09.2024 1.

Pursuant to previous order dated 30th August, 2024, intimation was sent to the prosecutrix. The IO informs that she has been intimated, but she is not present, nor anyone is present on her behalf. 2.

Status report has been filed which reveals that petitioner has joined the investigation. The complainant stated that she had a physical relationship with petitioner basis a promise to marry, since November, 2023. 3.

Counsel for petitioner states in the FIR that no specific dates have been stated when these incidents have taken place. Quite to the contrary, petitioner's counsel submits that petitioner and respondent no.2/complainant were well acquainted and shared a friendly relationship which evolved into a romantic relationship and were considering marriage; their families were also aware of this relationship. The Roka ceremony was organized on 12th August 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 03/10/2024 at 12:47:29

2024 at Hotel D-Crown. Paschim Vihar when the families were present. Petitioner however, claims that he came to know that respondent no.2 / complainant was involved in another relationship and therefore he cancelled the Roka, and there was quarrel between respective families, for which he had mentioned to the IO to secure the CCTV footage of the hotel. 4.

It is stated in the status report that the petitioner also refused internal examination. The mobile phone of the victim as well as the accused have been taken in possession by the IO and sent to FSL for retrieval of Instagram chats and other data. The CCTV footage was also analysed of Hotel D-Crown, Paschim Vihar, where it is shown that the victim entered in the hotel with two different persons on two different dates.

5.

Considering these circumstances, and that the petitioner has joined the investigation, application for anticipatory bail is allowed. 6.

In light of the above, the Court is of the considered opinion that the petitioner is entitled to anticipatory bail. Consequently, in the event of arrest the petitioner be released on bail on furnishing a personal bond in the sum of Rs. 25, 000/- with one surety of the like amount subject to the satisfaction of the arresting officer/IO/SHO concerned, further subject to the condition that the petitioner will join investigation as and when directed and not influence any witness/complainant/victim or tamper with evidence of the case. 7.

Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

8.

Order be uploaded on the website of this Court. ANISH DAYAL, J SEPTEMBER 30, 2024/RK 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 03/10/2024 at 12:47:29