Sardari Devi v. State Of NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 368/2017 SARDARI DEVI ..... Petitioner Through:

Mr.Mukul Gupta, Sr. Advocate with Ms.Harneet Kaur, Advocate.

versus STATE OF NCT OF DELHI ..... Respondent Through:

Mr.Panna Lal Sharma, APP for State with Insp. Avinash Tyagi, P.S.

Shahbad Dairy, Delhi.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 30.08.2017 This is an application under Section 438 Cr.P.C. filed on behalf of the petitioner for grant of anticipatory bail in case FIR No.785/2016, under Sections 328/376/384/411/34 IPC, registered at Police Station Shahbad Dairy, Delhi.

Learned senior counsel appearing for the petitioner has submitted that the petitioner is an innocent lady and no case under Section 376 IPC is made out and there is no medical evidence to attract the provisions of Section 328 IPC. Learned senior counsel further submitted that the victim is stated to be 22 years old and is a major and if at all any allegation of rape subsists, the possibility of consent cannot be ruled out. He further submitted

that the petitioner has already joined the investigation and further submitted that the petitioner is further ready to join the investigation and prays that the petitioner may be released on anticipatory bail. Status report has been filed by the State and learned APP for the State has vehemently opposed the bail application. Learned APP, however, on instruction submits that there is no medical evidence in this case. In these circumstances, since there is no medical evidence to substantiate the allegations and the contents of the FIR does not specifically disclose the manner of rape committed on the person of the victim, I admit the petitioner on anticipatory bail, on her furnishing bail bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of the IO/SHO concerned with the condition that the petitioner shall not tamper with the prosecution evidence and she shall not leave the country without prior permission of the Court below.

The application is allowed and stands disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J AUGUST 30, 2017 'dc'