Rizwan Alias Bhure v. State Of NCT Delhi & ANR.

$~76 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 40/2024 & CRL.M.A. 272/2024 RIZWAN ALIAS BHURE ..... Applicant Through:

Adv. Mohd. Suza Faisal, Adv. Meghan & Adv.

Kahkasha Ansari.

versus STATE OF NCT DELHI & ANR.

..... Respondents Through:

Mr Pradeep Gahalot, APP for the State along with Adv. Shefali Maghan & Adv. Anushka Kukreja.

Insp. Dinesh Chandra, PS Khajuri Khas.

Adv. Urvashi Jain, Adv.

Hemant Singh & Adv.

Heena Ahluwalia (DHCLSC) for complainant.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 09.05.2024 1.

The learned counsel for the applicant submits that there are material contradictions in the testimony of the witnesses. He submits that there is a specific allegation that the victim met the applicant for the first time and the applicant gave his mobile phone number to the victim.

2.

It is alleged that the victim thereafter contacted the applicant on the said mobile phone number and met the applicant, who then took her to the place of incident. He submits that no mobile number has ever been mentioned during the course of the investigation.

3.

He submits that the entire story has been concocted to 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 15/05/2024 at 11:38:19

falsely implicate the applicant. He further refers to the examination of the witnesses to show contradictions in relation to the time and place where the incident took place. 4.

The learned Additional Public Prosecutor for the State submits that the trial is at fag end, only four formal witnesses are remaining to be examined and all endeavours would be made for the examination of the said witnesses on the next date itself before the learned Trial Court.

5.

Considering that the trial is at its fag end and is likely to get over in the next five to six months, this Court does not consider it apposite to entertain the present application. 6.

Needless to state that, the learned Trial Court would consider the contradictions as pointed out by the applicant while passing the final judgement.

7.

The applicant is at liberty to file an application seeking bail, afresh, in case the trial does not conclude within the period of six months.

8.

The application is disposed of in the aforesaid terms. AMIT MAHAJAN, J MAY 9, 2024 "SK"

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 15/05/2024 at 11:38:19