Mohd. Owasis Alam v. State

12# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2563/2017 MOHD. OWASIS ALAM ..... Petitioner Represented by:

Mr. Nihit Dalmia and Mr.

Aashish George, Advocates.

versus STATE ..... Respondent Represented by:

Mr. Amit Gupta, APP for State.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 14.03.2018 1.

By this petition the petitioner seeks regular bail in case FIR No. 136/2013 under Sections 376/506/174A IPC registered at PS Ranhola, Delhi.

2.

In the above noted FIR the complainant alleged that the petitioner developed a friendly relationship with the prosecutrix and represented that he wanted to marry her but in the meantime he went to Saudi Arabia. Both of them remained in constant touch with each other on mobile phone. In the year 2010 when the petitioner returned from Saudi Arabia and came to Delhi to meet the prosecutrix, he promised to marry her and took her to a hotel at Jama Masjid where he kept her for two days and developed sexual relations on the pretext of marriage. He again went to Saudi Arabia assuring the prosecutrix that he will marry her after his return and thereafter to Bangalore in the year 2011 and continued assuring the victim that when he returns back he would marry her. Later he refused to marry the victim on BAIL APPLN. 2563/2017

the ground that he was now earning ₹3 lakhs and started giving threats of life to the victim.

3.

During the course of investigation when the petitioner could not be traced he was declared a proclaimed offender on 20th January, 2014 and could be arrested only on 23rd June, 2016. After the arrest of the petitioner charge was framed on 29th September, 2016 however, till date only two witnesses, that is, the prosecutrix and her sister have been examined out of the total 19 witnesses.

4.

Considering the delay which has already occurred in the trial and that now only formal witnesses remain to be examined, though this Court finds no ground to grant bail to the petitioner, however, the learned Trial Court is directed to expedite the trial and conclude the same preferably within a period of six months from the next date fixed before the learned Trial Court. 5.

Petition is disposed of.

6.

Order dasti.

7.

Copy of the order be also communicated to the learned Trial Court by the Registry.

MUKTA GUPTA, J.

MARCH 14, 2018/'vn'

BAIL APPLN. 2563/2017