Vipin Sakkarwal v. State Of Delhi
% 7# & 8# $~ *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1496/2016 DINESH KUMAR Petitioner Represented by: Ms. Sindu Sakkarwal and Mr.
Hitender Sakkarwal, Advocates.
versus STATE OF DELHI Respondent Represented by: Mr. Ravi Nayak, AFP for the State with AST Kiran Sethi, PS Raj nit Nagar.
+ BAIL APPLN. 1497/2016 VIPIN SAKKARWAL Petitioner Represented by: Ms. Sindu Sakkarwal and Mr.
Hitender Sakkarwal, Advocates.
versus STATE OF DELHI Respondent Represented by: Mr. Ravi Nayak, APP for the State with ASI Kiran Sethi, PS Rajnit Nagar.
CORAM;
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 23.11.2016 1.
By these petitions, the petitioners seek anticipatory bail in case FIR No. 192/2014 under Section 376(G) IPG registered at PS Ranjit Nagar. 2.
In the above noted FIR lodged on 29^'' March, 2015, the complainant alleged that she had constrained relations with her husband and she came to BAIL APPLN. 1496/2016 & 1497/2016 By:AMULYA
know that her husband had remarried, so on 23'''' March, 2015 she visited the house of her sister-in-law at Patel Nagar to make enquiries. When she was going back to her house at 9.00 PM, two persons followed her in a Car bearing registration No.DL 8CVD 8888 and offered her lift at Patel Road. When she was sitting in car, she found that both of them were drunk. They took the car to a street and raped her before throwing her near a medical shop. As it was late night, she was having pain and was confused, she did not lodge the FIR on the same day.
3.
During the investigation, it was revealed that the prosecutrix/ # complainant had not revealed her true identity i.e. her name, husband's name and residential address were found to be incorrect. Further the complainant had lodged another FIR being FIR No. 167/2015 at PS Sabzi Mandi. The vehicle bearing No.DL 8CVD 8888 was registered in the name of Sakkarwal Travels Pvt. Ltd. which belongs to Vipin Sakkarwal who was one of the Directors of the company.
4.
In the anticipatory bail petitions, the petitioners claimed that the complainant was trying to extort money from the parents and a CD in this regard was handed over. The same was sent to FSL for examination which was found to be genuine. The explanation of the complainant was that she had gone to the house of the accused Vipin Sakkarwal at the instance of his mother who was asking her to take money and settle the matter. As per the FSL report, neither blood stains nor semen stains could be detected from any of the articles which were lifted from the vehicle. The petitioners have already joined the investigation.
5.
Considering the facts and circumstances of the case, I deem it fit to BAIL APPLN. 1496/2016 & 1497/2016
grant anticipatory bail to the petitioners. It is, therefore, directed that in the event of arrest, the petitioners be released on bail on their furnishing a personal bond each in the sum of ^25000/- with one surety each of the like amount, subject to the satisfaction of arresting officer/SHO concerned, further subject to the condition that they will join the investigation as and when directed by the investigating officer and will not leave the country without prior permission of the Court Concerned. 6.
Petitions are disposed of. Order dasti.
MUKTA GUPTA, J.
NOVEMBER 23, 2016 'vkm'
BAIL APPLN. 1496/2016 & 1497/2016