Rattan Lal v. State (Govt Of NCT) Delhi

$~32 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1311/2017 RATTAN LAL ..... Petitioner Through : Mr. M.K. Duggal, Adv.

versus STATE (GOVT OF NCT) DELHI ..... Respondent Through :Ms. Manjeet Arya, APP with SI Manoj Kumar, P.S. I.P. Estate

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 12.07.2017 Crl. M.A. No. 10775/2017 (exemption) Allowed, subject to all just exceptions.

Application is disposed of.

BAIL APPLN. 1311/2017 Learned counsel for the petitioner submits that prosecutrix is 45 years old married woman and is having one 18 years old child. FIR has been lodged after two years of the alleged incident. Complainant had filed some complaints before "Aabru Mahila Panchayat", wherein notice Annexure P-5 was served. Petitioner was transferred to Punjab on 6th August, 2016, as per the FIR itself.

Despite this, no FIR was lodged for the incident of rape

almost for eight months.

Complainant has alleged that petitioner had committed rape on her on 14th April, 2015 and again on 19th November, 2015.

Learned APP has opposed the grant of anticipatory bail to petitioner. It is contended that petitioner was working as Manager of Canara Bank. Complainant wanted some loan. He called her to the bank on 14th April, 2015 and raped her.

She has further alleged in the FIR that on 19th November, 2015 petitioner again raped her forcibly. I have perused the FIR and other materials placed on record and have considered the rival contentions of both the parties. Keeping in mind the totality of the circumstances, it is ordered that in case of arrest, petitioner be released on 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 the Investigating Officer/Arresting Officer/SHO concerned.

Bail application is disposed of in the above terms. Dasti. A.K. PATHAK, J.

JULY 12, 2017/rb