Nishant Sharma v. The State Govt Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2409/2017 NISHANT SHARMA ..... Petitioner Through Mr. Tarun Gautam, Adv versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through Ms. Kusum Dhalla, APP

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 15.05.2018 Petitioner is husband of the complainant-prosecutrix. Petitioner contends that his wife (prosecutrix) has falsely implicated most of his family members on account of marital discord. It is contended that though the prosecutrix has alleged that most of family members of the petitioner, named in the FIR, raped her but no FIR was filed by her almost for one year. It is further contended that as per the FIR the petitioner and his family members had thrown out the prosecutrix from the matrimonial home on 23rd July, 2017 but FIR was lodged only after a month, that is on 27th August, 2017. Prosecutrix has settled the matter with the petitioner before the Mediation Centre, Karkardooma Courts on 20th April, 2018.

Petitioner has participated in the investigation. He was granted interim protection from arrest vide order dated 29th November, 2017 which is still continuing. Petitioner has not misused the concession granted to him.

Keeping in mind the totality of 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/-(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. Dasti. A.K. PATHAK, J MAY 15, 2018 sm