Ankit Mann v. The Govt Of NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1490/2017 ANKIT MANN ..... Petitioner Through:

Mr. Chander M Maini, Mr. B.K.

Wadhwa and Mr. Mayank Maini, Advs.

versus THE GOVT OF NCT OF DELHI ..... Respondent Through:

Dr. M.P. Singh, APP for State with SI Sumitra Sharma, .S. Rajouri Garden.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 10.01.2018 Learned counsel for the petitioner submits that prosecutrix is a grown up educated woman of 23 years of age. Petitioner is 27 years old. Petitioner and prosecutrix were in relationship. After their relationship became sour, prosecutrix has given the colour of rape to their consensual relationship. He further submits that there is an inordinate delay in lodging the FIR. As per the prosecutrix, first incident took place in the month of November, 2015; whereas second incident took place on 7th January, 2017. Learned APP submits that petitioner and prosecutrix became friends. In the month of November, 2015, petitioner took the prosecutrix to his house and forcibly established physical relations with her. When prosecutrix told

the petitioner she would make a complaint against him, petitioner promised to marry her. On 7th January, 2017 petitioner called the prosecutrix in his house and again had forcibly sex with her.

He reiterated that he would marry her. However, subsequently he backed out from his promises. Offence is serious in nature, therefore, petitioner is not entitled to the benefit of anticipatory bail.

Vide order dated 2nd August, 2017, petitioner was granted interim protection from the arrest. The said protection is still continuing. Petitioner has participated in the investigation and is not required for further investigation. Keeping in mind the totality of the facts and 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/- with one surety in the like amount to the satisfaction of the Investigating Officer/Arresting Officer/SHO of the concerned police station.

Bail application is disposed of in the above terms. Dasti.

A.K. PATHAK, J.

JANUARY 10, 2018 ga