Shoeb Parvez v. State Of NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2659/2017 SHOEB PARVEZ ..... Petitioner Through Mr. Lal Singh Thakur and Mr. Sudhir Tewatia, Advs.

Versus

STATE OF NCT OF DELHI ..... Respondent Through Mr.

M.P.

Singh, APP with SI Kamlesh, P.S. Dabri for the State Mr. Anuj Nair and Mr. Chubalemla Chang, Advs. for the complainant

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 08.01.2018 Crl. M.A. No. 21445/2017 (exemption) Allowed, subject to all just exceptions. Application is disposed of. BAIL APPLN. 2659/2017 Learned counsel for the petitioner submits that prosecutrix was in relation with the petitioner as they were working in the same saloon. Prosecutrix has travelled with the petitioner at different places and had stayed with him.

Prosecutrix had accompanied the petitioner to Ajmer, Nainital and Vaishno Devi. Petitioner had even attended the marriage of

cousin sister of prosecutrix. Photographs have been placed on record. It is contended that after the relationship broke off, prosecutrix has lodged the FIR with false allegations.

Learned APP, who is assisted by the learned counsel for prosecutrix, has opposed the bail application. It is contended that petitioner developed friendship with the prosecutrix and one day he offered her a ride in his car. Petitioner gave cold drink to prosecutrix.

After drinking the same prosecutrix lost consciousness.

When she regained consciousness, she found herself naked in a hotel room. Petitioner told the prosecutrix that he would marry her and for this reason, she did not lodge any complaint. Thereafter, petitioner had sex with the prosecutrix on different occasions by threatening her that in case she refused to his demands he would upload naked photographs of the prosecutrix on the website. Learned counsel for the petitioner submits that no obscene photographs of the prosecutrix were taken by the petitioner nor had he extended any such threat.

Petitioner has already handed over his mobile phone to the Investigating Officer.

Learned APP submits that mobile phone has been sent to FSL and report is awaited.

Keeping in mind the totality of the facts and circumstances of this case, 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. Petitioner shall, however, cooperate in the investigation and shall appear before the Investigating Officer as and when he is called upon to do so. Bail application is disposed of in the above terms. Dasti.

A.K. PATHAK, J.

JANUARY 08, 2018 r.bararia