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High Court of DelhiBAIL APPLN./1793/2017

Gaurav v. State Govt Of NCT Of Delhi

2017-10-25Hon'Ble Mr. Justice A.K. Pathak2 pages

$~16 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1793/2017 GAURAV ..... Petitioner Through Mr. Pradeep K Arya, Adv versus STATE GOVT OF NCT OF DELHI ..... Respondent Through Ms. Meenakshi Dahiya, APP for State

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 25.10.2017 Learned counsel for the petitioner submits that the prosecutrix was major, she was a married lady.

A perusal of FIR itself shows that she became friendly with the petitioner. She has alleged that she started living with the petitioner on the assurance of the petitioner that he would marry her (prosecutrix) once her husband divorces her. Prosecutrix is a married lady as her marriage with her husband still subsists. Prosecutrix had been staying with the petitioner of her own free will, in as much as one child was born. Being a married lady, prosecutrix knew very well that petitioner could not have married her. It was a consensual physical relationship between the two adults.

It is contended that investigation is over, in as much as, charge sheet has been filed. Trial is likely to take time. Keeping in mind the totality of the facts and circumstances of the case, petitioner is admitted to 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 trial court.

Application is disposed of in the above terms. Dasti.

A.K. PATHAK, J OCTOBER 25, 2017 sm