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High Court of DelhiCRL.M.C./4970/2017

Sarita Kashyap v. The Govt Of NCT Of Delhi & ANR

2018-09-17Hon'Ble Mr. Justice A.K. Pathak2 pages

$~20 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4970/2017 SARITA KASHYAP ..... Petitioner Through:

Mr. Vijay Chandra and Mr. Rajiv Kumar, Advocates versus THE GOVT OF NCT OF DELHI & ANR ..... Respondents Through:

Ms. Aasha Tiwari, APP for State Mr. Amit Kumar, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 17.09.2018 By this petition under Section 482 Cr. P.C., petitioner has assailed order dated 21st September, 2017 passed by the learned Additional Sessions Judge, Patiala House Courts, New Delhi whereby respondent no. 2 has been admitted to bail in FIR No.

92/2017 under Sections 354A/354C/ 506/509/494/376/34 IPC registered at police station Naraina. Trial court has noted that petitioner was a married woman with two children. She left her husband and thereafter started living with respondent no. 2.

Petitioner did not take divorce from her husband. She married respondent no. 2 in Arya Samaj Mandir on 26th April, 2016. Trial court has also relied on the photographs annexed with the bail application wherein petitioner and respondent no. 2 were seen together on different dates. They were seen happy. I have also perused the photographs. Learned counsel for the petitioner contends that obscene videos of petitioner were taken by respondent no. 2 and he had blackmailed her on the pretext that he would

make the videos public. Learned APP has confirmed that mobile phone of the respondent no.2 was seized during the investigation. Mobile phone was sent to FSL. No obscene video of petitioner was found in the mobile phone. In these facts, I am of the view that Trial Court's order granting bail to respondent no. 2 does not suffer from any irregularity and/ or illegality. The petition is dismissed.

A.K. PATHAK, J SEPTEMBER 17, 2018 sr