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High Court of DelhiBAIL APPLN./2239/2017

Akashdeep Chaudhary v. The State Govt Of NCT Of Delhi

2017-11-06Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2239/2017 AKASHDEEP CHAUDHARY ..... Petitioner Through Mr. Pramod K Sharma, Adv versus THE STATE GOVT OF NCT OF DELHI ..... Respondent Through Ms. Manjeet Arya, APP for State SI Reena, PS Paschim Vihar

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 06.11.2017 Learned counsel for the petitioner submits that the prosecutrix is major and is 29 years of age. She is working as a Lecturer. Petitioner and prosecutrix met sometime in the month of March, 2016. They became friends and subsequently fell in love. Thereafter, they started living together in a live-in relationship. Petitioner never extended any false promise of marriage to the prosecutrix. However, petitioner is still ready to marry the prosecutrix. It is contended that it is the prosecutrix who herself broke up with the petitioner when they were living together. Petitioner never asked prosecutrix for aborting the child and it is bald allegation levelled against him. Prosecutrix herself is confused about her relationship with the petitioner. It is contended that whatsapp messages exchanged between the petitioner and the prosecutrix do not indicate that petitioner had extended any false promise of marrying the prosecutrix.

Learned APP has opposed the grant of anticipatory bail to the

petitioner. It is submitted that the petitioner had obtained consent of the prosecutrix on false promise to marry her. It is submitted that offence is serious in nature and allegation of unnatural sex are also there. I have perused the material placed on record and the FIR. Keeping in mind the totality of facts and circumstances, it is ordered that in case of arrest, petitioner be released on anticipatory 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. Miscellaneous application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J NOVEMBER 06, 2017 sm