High Court of DelhiBAIL APPLN./2210/2016

Sumit Paillai v. The State (Govt. Of NCT ) Delhi

2017-05-17Hon'Ble Mr. Justice I.S.Mehta2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2210/2016 SUMIT PAILLAI ..... Petitioner Through:

Ms.Arti Baghel, Adv.

versus THE STATE (GOVT. OF NCT ) DELHI ..... Respondent Through:

Mr.Mukesh Kumar, APP for State

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 17.05.2017 The petitioner seeks anticipatory bail under Section 438 Cr.P.C. in case FIR No.351/2016, under Sections 376/506 IPC, registered at Police Station-New Ashok Nagar, Delhi.

Learned counsel for the petitioner submits that the petitioner is an innocent person and have no nexus with the FIR in question. He has further submitted that there is no evidence to connect the petitioner with the offence alleged against him. He further submits that the prosecutrix has herself admitted that she was in live-in relationship with the petitioner. He further submits that the petitioner has already joined investigation and nothing is to be recovered at the instance of the petitioner and the petitioner is not required for custodial investigation. He further submits that the petitioner is ready to join further investigation as and when required and prays that the petitioner be granted anticipatory bail.

Learned APP for the State vehemently opposes the bail application. However, the learned APP on instructions from the Investigating Officer

admits that the petitioner has joined the investigation and the prosecutrix is 21 years old.

What is emerging from the arguments as well as the facts on record is that the prosecutrix is a major and as per the FIR, physical relationship was established by the petitioner with the prosecutrix on the false promise of marriage. Considering the facts and circumstances of the case, the petitioner is directed to join the investigation and in the event of his arrest, he be released on bail, on his furnishing personal bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of the SHO/Investigating officer concerned with the condition that the petitioner shall not influence the prosecution witnesses; the petitioner shall not tamper the prosecution evidence and the petitioner should not leave India without prior permission of the Court below.

The present bail application is allowed and disposed of accordingly. However, this order shall not affect the merit of the case. Copy of this order be given dasti.

I.S.MEHTA, J MAY 17, 2017/sr