Pandit Ashok Sharma v. The State Govt Of NCT Of Delhi
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IN THE HIGH COURT OF DELHI AT NEW DELHI
BAIL APPLN. 2A61I2011 & CRL MA 19877/2017 * BHARATSHARMA ^ ..
Petitioner Through Mr. K K Manan, Sr. Adv with Mr.-Bhavya Chauhan, Ms. Shivani Kant, Advs versus THE STATE GOVT OF NOT OF DELHI Respondent Through Dr. M.P. Singh, APP for State.
SI Satish Bhati, PS Kalkaji BAIL APPLN. 2469/2017 & CRL MA 19881/2017 pandit ASHOKSHARMA Through Mr. K K Manan, Sr. Adv with Mr. Bhavya Chauhan, Ms. Shivani Kant, Advs versus THE STATE GOVT OF NCT OF DELHI Respondent Through Dr. M.P. Singh, APP for State.
SI Satish Bhati, PS Kalkaji
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
ORDER
01.11.2018 Learned senior counsel submits that petitioner Pandit Ashok Sharma is father of petitioner Bharat Shaima. Ashok Sharma performs last rites at Kalkaji Cremation Ground. There are disputes Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.
between him and the management of Kalkaji Cremation Ground. Petitioners have been falsely implicated through the prosecutrix, who was not an employee of the management of the Kalkaji Cremation Ground. Prosecutrix made different statements. In the FIR, she did not allege any rape. She simply stated that while she was at the ground, Monu (Bharat Sharma) touched her breast while Ashok Sharma touched her private parts. However, in her statement under section 164 Cr.P.C. she improved her version and stated that Bharat ^ Sharma @ Monu touched her private parts while Ashok Sharma inserted his fingers in her private parts. It is submitted that petitioners have joined investigation.
Petitioners were given protection from arrest by this Court which concession has not been misused by them. Investigations are over. Charge sheet has been filed without arrest.
I have perused the FIR and statement of the prosecutrix. Keeping in mind the totality of the facts and circumstances of this case, it is r ordered that in case of arrest, petitioners Bharat Sharma and Pandit Ashok Sharma be released on bail, subject to each of them furnishing a personal bond in the sum of ?20,000/- with one surety each in the like amount to the satisfaction of the SHO of the concerned police station. Bail applications are disposed of in the above terms. Miscellaneous applications are disposed of as infmctuoushDasti. A.K. PATHAK, J NOVEMBER 01, 2018/sm