Mohd Kamil v. State

$~46 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1727/2016 MOHD KAMIL ..... Petitioner Through :

Mr.Arvind Kumar Gupta with Mr.Rahul Mangla and Mr.Anshul Garg, Advocates.

versus STATE ..... Respondent Through :

Mr.Raghuvinder Varma, APP.

Mr.Adnan Ahmed with Mr.Ajaj Ahmad, Advocates for the complainant.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 23.08.2016 Crl.M.A.No.13013/2016 (Exemption) 1.

Exemption allowed subject to all just exceptions. 2.

The application stands disposed of.

BAIL APPLN. 1727/2016 & Crl.M.B.1534/2016 1.

The petitioner seeks regular bail under Section 439 Cr.P.C. in case FIR No.454/2015 under Section 376/420/34 IPC registered at Police Station Maurya Enclave. Status report not filed. BAIL APPLN. 1727/2016

2.

I have heard the learned counsel for the parties including the complainant's counsel and have examined the file. The petitioner is in custody since 4.8.2016.

The petitioner and the prosecutrix were acquainted with each other since long.

There were negotiations of marriage between the two and date 30.11.2014 was fixed for solemnization of marriage. It is alleged that subsequently the petitioner established physical relations with the complainant on the promise to marry. The instant FIR was lodged on 14.05.2015 when the petitioner allegedly declined to marry the prosecutrix. The impugned order dated 09.08.2016 reveals that the marriage between the two took place on 26.05.2015 after the registration of the FIR. A marriage certificate to this effect has been placed on record. 3.

Considering the facts and circumstances of the case, the petitioner is admitted to bail on his furnishing personal bond in the sum of `40,000/-with one surety in the like amount to the satisfaction of the Trial Court.

4.

The applications stand disposed of.

5.

Order dasti.

S.P.GARG, J.

AUGUST 23, 2016/sa BAIL APPLN. 1727/2016