Akash Deep v. State Of Delhi

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2293/2016 and Crl.M.A.17459/2016 AKASH DEEP ..... Petitioner Through:

Mr. Vipul Sharma, Advocate with Mr. Subodh Kumar, Adv.

Mr. Pandey, Adv. along with petitioner in person.

versus STATE OF DELHI ..... Respondent Through:

Mr. Amit Chadha, APP for the State with WSI Surekha Moghey, PS Malviya Nagar.

Mr. Nikhil Kharbanda, Adv. with Mr. Y.K. Verma, Adv. for complainant with complainant.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 11.05.2017 The applicant is accused of the offence of rape, having persuaded the prosecutrix into engaging with him in sexual intercourse on the promise of marriage. The applicant while seeking anticipatory bail submitted through his counsel before this court on 09.11.2016 that the physical relationships were consensual and that there was no promise of marriage on his part. The applicant seems to rely on some correspondence exchanged including through social media network.

The application, however, withholds crucial facts, as have now been brought out, inter alia, through the status report dated 08.05.2017 and also by the complainant (the prosecutrix), who is present through counsel that the applicant had taken her to Arya Samaj Mandir, Khanna Market, Tis Hazari, Delhi where marriage ceremony took place on 29.10.2016, certificate of such BAIL APPLN. 2293/2016

marriage and the photographs of various rituals connected therewith having been handed over by the prosecturix to the investigating officer. During hearing today, it was submitted on behalf of the applicant that a civil suit has been instituted in the court of Principal Judge, Family Court, South District at Saket Court Complex, Delhi seeking declaration that this marriage was null and void-ab-initio. These facts should have found mention in the application for bail as well. Clearly, an attempt was made to mislead the court.

Having regard to the overall facts and circumstances brought out, and the conduct of the applicant, there is no case made out for release on anticipatory bail. The interim protection stands withdrawn. Bail application along with accompanying application is dismissed. R.K.GAUBA, J.

MAY 11, 2017 vk BAIL APPLN. 2293/2016