Mukesh Soni v. The State ( Govt Of NCT Of Delhi )

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 578/2016 & CRL.M.A.No.4590/16 MUKESH SONI ..... Petitioner Through :

Mr.Mohit Mathur, Sr.Advocate with Mr.Anant S.Malik, Advocate.

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

Mr.Amit Gupta, APP with W/PSI Komal, PS Tilak Nagar.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 15.12.2016 1.

The petitioner seeks anticipatory bail under Section 438 Cr.P.C. in case FIR No.1720/2015 registered under Sections 376/506 IPC at PS Tilak Nagar. Status report is on record.

2.

I have heard the learned counsel for the parties and have examined the file. By an order dated 15.03.2016, the petitioner was granted interim protection and was directed to join the investigation as and when required. Undisputedly, the petitioner has joined the investigation since then.

3.

Notice was issued to the complainant who appeared in person and was permitted to file response to the bail application. She, however, did not file any response.

Today, she has failed to put appearance.

BAIL APPLN. 578/2016

4.

Learned Senior Counsel for the petitioner has placed on record copy of order dated 18.05.2016 in Bail Application 451/2016 and Crl.M.B. 3757/2016 whereby Ramesh Chand Verma accused in case FIR No.1792/2015 under Sections 376/506 IPC lodged by the present complainant was granted anticipatory bail. The order noted that the complainant has lodged various FIRs on various dates for commission of similar offences against the petitioner and his relatives. 5.

In the instant case, allegedly physical relationship took place between the two on various occasions. At no stage, the complainant lodged the FIR at the earliest. There is a property dispute among the parties.

6.

Considering the facts and circumstances of the case, the petitioner is granted anticipatory bail and in the event of arrest, he be released on furnishing personal bond in the sum of ` 50,000/- with one surety in the like amount to the satisfaction of the SHO/Investigating officer. He shall, however, join the investigation as and when required.

7.

The bail application stands disposed of.

Pending application also stands disposed of.

S.P.GARG, J DECEMBER 15, 2016 / tr BAIL APPLN. 578/2016