Naveen Gulia v. The State Of (NCT Of Delhi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2330/2016 NAVEEN GULIA ..... Petitioner Through :

Mr. Surender Singh and Mr. Sanjay Kumar, Advs.

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

Dr. M. P. Singh, APP with PSI Sanjay Khatri PS Uttam Nagar.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 09.01.2017 Learned counsel for petitioner submits that at the time of registration of FIR, petitioner was about 22 years of age and prosecutrix was 31 years of age. Prosecutrix has alleged in the FIR that petitioner developed friendly relations with her and got married with her in a temple. He had sexual intercourse with her on several occasions. However, petitioner did not inform about the marriage to his family members. On 20th November, 2015, petitioner informed that he was getting married to someone else on 23rd November, 2015. It is submitted that as per the averments of the FIR itself, prosecutrix was a consenting party. Learned counsel for petitioner further submitted that prosecutrix herself has married someone else. Petitioner has

been falsely implicated. There is no truth in the allegations that petitioner had promised to marry the prosecutrix.

Learned Additional Public Prosecutor submits that petitioner had extended false promise to marry, inasmuch as, had married the prosecutrix and developed physical relations with her.

However, subsequently disowned the marriage.

Learned counsel for the petitioner submits that prosecutrix has already been examined by the trial court.

Petitioner is in custody for about 11 months.

Keeping in mind the totality of circumstances, petitioner is admitted to bail, subject to his furnishing a personal bond in the sum of `25,000/- (Rupees Twenty Five Thousand Only) with one surety of the like amount to the satisfaction of trial court.

Application is disposed of in the above terms. Dasti.

A.K. PATHAK, J.

JANUARY 09, 2017/dk