Abid Ali v. State

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2653/2016 ABID ALI ..... Petitioner Represented by:

Mr. Sitab Ali Chaudhary and Ms. Rubina, Advocates.

versus STATE ..... Respondent Represented by:

Mr. Ashok Kumar Garg, APP for the State.

Mr. Shoaib Haider, Mr. Navjot Kumar and Mr. Karan Khanna, Advocates for complainant.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 21.08.2018 1.

By this petition, the petitioner seeks anticipatory bail in case FIR No. 769/2016 under Sections 376/506 IPC registered at PS Lajpat Nagar. 2.

In the above noted FIR the complainant alleged that the petitioner met her on social networking site and they became friends. The petitioner proposed her for marriage and sexually assaulted her on the pretext of marriage. After the petitioner refused to marry her, she attempted to commit suicide and cut her wrist veins. It is alleged that the petitioner threatened to circulate her objectionable photo on the internet. The complainant had alleged that the parties first met on 7th August, 2016 in living Style mall, Jasola and first time the physical relation were maintained at the hotel at Lajpat Nagar on the night intervening 14th-15th August, 2016. 3.

Case of the petitioner is that on the dates alleged the petitioner was neither at Jasola nor in Lajpat Nagar and the case of the prosecutrix is false BAIL APPLN. 2653/2016

and fabricated.

4.

Various status reports have been filed during the course of investigation and as per the last status report though the CCTV footage of living Style mall could not be collected as the offence was reported after a period of nearly four months, the CDR of both the petitioner and the complainant were collected and it was found that at the relevant date and time the petitioner was not present in living Style mall, Jasola. 5.

Learned APP for the State submits that after completion of investigation charge sheet has been filed.

6.

Considering the nature of allegations and the investigation carried out, this Court deems it fit to grant anticipatory bail to the petitioner. It is, therefore, directed that in the event of arrest the petitioner be released on bail on his furnishing a personal bond in the sum of ₹25,000/- with one surety bond of the like amount, subject to the satisfaction of the Arresting Officer/SHO concerned/Court concerned, further subject to the condition that the petitioner will join the investigation as and when directed by the Investigating Officer and will not leave the country without prior permission of the Court concerned and in case of change of residential address the same will be intimated to the Court concerned by way of an affidavit. 7.

Petition is disposed of.

8.

Order dasti.

MUKTA GUPTA, J.

AUGUST 21, 2018 'yo'

BAIL APPLN. 2653/2016