Pawan Tiwari v. State

$~6 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1382/2018 PAWAN TIWARI ..... Petitioner Through Ms.Rashmi Baliyan, Adv.

versus STATE ..... Respondent Through Ms.Aashaa Tiwari, APP.

SI Dharmendra Pratap Singh PS S.P.

Badli.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 03.07.2018 The petitioner has prayed for grant of anticipatory bail. Learned APP has opposed the bail application. It is contended that the offence alleged is serious in nature. Prosecutrix has categorically stated that on 12.11.2017, her family had gone to Murthal, Haryana, to attend the marriage of her cousin, when petitioner came in her room and finding her alone, raped her. On 04.12.2017, while she was going to her aunt's house, petitioner met her at Metro Station Sector 18, Rohini and forcibly took her to Pune on the pretext of marrying her. He kept her in Mathura hotel near Pune railway station and raped her. Thereafter he took her to a rented accommodation in Pune and raped her. He also threatened that he will sell her if she disclosed about the rape to anyone. On 24.12.2017, petitioner took her to a lounge situated opposite Aditi Apartment, Mumbai and introduced her to his wife Smt. Suman and mother Smt.Urmila. They abused her and beat her and

asked her to go back to her house.

Learned counsel for the petitioner submits that prosecutrix has filed the FIR under the pressure of her parents.

Prosecutrix does not wish to pursue the matter any further against the petitioner. She has also sworn an affidavit to this effect which has been filed along with the bail application. The affidavit is on record. Prosecutrix is also present in Court and states that the affidavit has been sworn by her without any pressure, force or coercion.

Learned APP submits that proceedings under section 82 Cr.P.C. have been initiated against the petitioner as he evaded arrest. Keeping in mind the totality of the facts and circumstances of this case, it is ordered that in case of arrest, petitioner be released on bail subject to his furnishing a personal bond in the sum of `20,000/-(Rupees Twenty Thousand Only) with one surety of the like amount to the satisfaction of the Investigating Officer/Arresting Officer/SHO concerned. Bail application is disposed of in the above terms. Dasti.

A.K. PATHAK, J JULY 03, 2018 ab