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High Court of DelhiBAIL APPLN./2435/2016

Manish Verma v. State (Govt Of NCT Delhi & ANR

2016-12-09Hon'Ble Mr. Justice Vipin Sanghi2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2435/2016 MANISH VERMA ..... Petitioner Through:

Mr. M.S. Yadav, Advocate a/w petitioner in person versus STATE (GOVT OF NCT DELHI & ANR ..... Respondent Through:

Mr. Mukesh Kumar, APP with ASI Vidya, PS Paschim Vihar a/w respondent in person

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 09.12.2016 The present order has been passed in continuation of the last order dated 30.11.2016. The medical reports of the prosecutrix along with the status reports have been placed on record. The same show that the prosecutrix was examined twice - firstly on 25.09.2016 at Ayushman Hospital and thereafter on 21.10.2016 at Sanjay Gandhi Memorial Hospital, Mangolpuri, Delhi. The unnatural offence alleged against the petitioner is of 24.08.2016 (whereas according to the complainant, it is 25.09.2016). However, the medical report does not reflect any injury that may have been suffered by the complainant on account of unnatural offence. The medical

report dated 21.10.2016 is also silent in this respect, even though it records the statement of the prosecutrix about her being subjected to unnatural sex. In these circumstances, in my view, the petitioner is entitled to prearrest bail subject to terms. In the event of his arrest, the petitioner shall be released on bail upon furnishing personal bond with one surety in the sum of Rs.20,000/- to the satisfaction of the arresting officer. The petitioner shall not contact the complainant or seek to influence the complainant or any other witnesses or tamper with any evidence in the case. The petitioner shall join the investigation as and when called for by the I.O. and he is directed to cooperate with the investigation.

VIPIN SANGHI, J DECEMBER 09, 2016 sr