Ashok@Rakesh v. The State (Govt. Of NCT Of Delhi) & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 4806/2024 ASHOK@RAKESH .....Petitioner Through:

Mr.

Tushar Rohmetra, Advocate.

versus THE STATE (GOVT. OF NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Pradeep Gahlot, APP for the State with SI Pinki, PS Sultanpuri.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 25.03.2025 CRL.M.A. 9038/2025 (for modification of order dated 18.03.2025) 1.

This application is filed by the petitioner seeking modification of the order dated 18.03.2025.

2.

For the reasons mentioned in the application, the same is allowed.

3.

The appearance of the learned counsel for the applicant in the main appearance and in paragraph nos. 7 and 12, in the order dated 18.03.2025 is directed to be modified as under: "Mr. Pradeep Rana, along with Mr. Tushar Rohmetra, Mr. Bharat Gupta, Mr. Ankit Rana, and Ms. Riya Rana, Advocates for the petitioner."

7. Mr. Pradeep Rana, the learned counsel for the petitioner, at the outset submits that the petitioner has been falsely implicated in the present FIR. He points out contradictions in the statements of the victim recorded under Section 161 CrPC vis-a-viz statement recorded under Section 164 CrPC. He submits that in her first statement recorded under 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 28/03/2025 at 12:21:37

Section 161 CrPC, the victim stated that accused Abhishek and Ravi both physically assaulted her and later in her statement under Section 164 CrPC, she states that except Abhishek rest of the accused persons sexually assaulted her. He, therefore, contends that the testimony of the victim cannot be relied upon.

12. He submits that petitioner is in custody for over six years and the prosecution has cited as many as 26 witnesses and till date only 21 witnesses have been examined. The petitioner has clean antecedents and he is not a flight risk. According to Mr. Rana, the trial is going to be a protracted one and considering the long custody of the petitioner, he may be enlarged on bail."

4.

The application stands disposed of.

AMIT MAHAJAN, J MARCH 25, 2025 DU 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 28/03/2025 at 12:21:37