Krishna Bahadur Adhikari v. State

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 560/2016 & CRL.M.A.No.4410/2016 KRISHNA BAHADUR ADHIKARI ..... Petitioner Through :

Mr.Aman Lekhi, Sr.Advocate with Mr.Prakash Gautam, Advocate.

versus STATE ..... Respondent Through :

Ms.Meenakshi Dahiya, APP with ASI Om Prakash.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 19.05.2016 1.

The petitioner seeks regular bail under Section 439 Cr.P.C. in case FIR No.60/2016 registered under Sections 376/354A/354C/506 IPC at PS Hauz Khas. Status report is on record. 2.

I have heard the learned counsel for the parties and have examined the file.

The Trial Court had granted interim bail to the petitioner.

Report has been received whereby on 31.03.2016, the petitioner surrendered before the Trial Court on expiry of the interim bail.

3.

On perusal of the status report, it reveals that the prosecutrix aged 21 years and the petitioner were acquainted with each other. There is considerable delay in lodging the FIR. Allegedly, for the BAIL APPLN. 560/2016

first time in December, 2013, physical relations were established by the petitioner with the prosecutrix. It is alleged that she was again raped by the petitioner after about 10 /12 days. In the last days of December, 2013, she was sent to branch office at Najafgarh where coaccused Manoj Kumar sexually assaulted her. The prosecutrix, thereafter, was sent by the petitioner to Sikkim in June, 2014. However, the prosecutrix did not reveal the incident to her family members even there. She returned to Delhi in September, 2014. She lodged complaint with DCW on 01.01.2016.

She declined to get herself medically examined internally.

Upon completion of investigation, a charge-sheet has been prepared and is expected to be filed shortly.

4.

Considering the facts and circumstances of the case, the petitioner is admitted to bail on furnishing personal bond in the sum of ` 50,000/- with one surety in the like amount to the satisfaction of the Trial Court.

5.

The bail application stands disposed of.

Pending application also stands disposed of.

6.

Order 'dasti.'

S.P.GARG, J MAY 19, 2016 / tr BAIL APPLN. 560/2016