$-35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
DECIDED ON : 20th JANUARY, 2016
+ CRL.M.C. 238/2016
RAJESHWARI ..... Petitioner
Through : Petitioner in person.
versus
ANAND AND OTHERS ..... Respondents
Through : Mr.Tarang Srivastava, APP for R2.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
S.P.Garg, J. (Oral)
CRL.M.A.No.1025/2016 (Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.
CRL.M.C. 238/2016
1. Present petition under Section 439 (2) Cr.P.C. has been filed by the petitioner / victim for cancellation of bail granted to the respondent No.1 by the Trial Court by an order dated 27.10.2014.
2. I have heard the petitioner, who opted to address arguments herself. She urged that considering the gravity of the offence, the Crl.M.C. 238/2016 Page 1 of 3 respondent No.1 was not entitled for bail. She is a post-graduate and had come to Delhi from Karnataka in 2011 for preparation of UPSC Examination. To meet her financial requirements, she joined M/S.Cine Flash India at 337, Dhoom Singh Market, Som Bazar, near PMC Factory Karawal Nagar, Delhi, as part time job. In April, 2012, the respondent No.1 sexually assaulted her after administering stupefying substance in snacks and drinks in the office. He threatened to upload her nude photos on the internet. In September, 2013, she was compelled to accompany the respondent No.1 to Agra. In the hotel, one Chiranjivi, Manager of the firm, committed rape upon her. On 14.10.2013, Raju - respondent No.1's brother committed rape upon her at Hotel Green Castle.
3. Charge-sheet has since been filed. Vide order dated 05.11.2015, respondent No.1 has been charged for commission of various offences. Impugned order reveals that the respondent No.1 was in custody since 06.06.2014. There was delay of more than two years in lodging the FIR. The prosecutrix is major and as per MLC, she declined to get herself medically examined. While granting bail various conditions were put upon the respondent No.1. Order dated 17.12.2015 of learned Addl. Sessions Judge (FTC) reveals that Raju Kumar has also been granted bail by orders dated 26.02.2015 and 26.08.2015 by the Hon'ble Supreme Crl.M.C. 238/2016 Page 2 of 3 Court. Accused Chiranjivi was granted regular bail vide order dated 24.03.2015 by the Sessions Court. The Sessions Court while dealing with the application under Section 439 (2) Cr.P.C. has dealt with all the contentions of the prosecutrix.
4. I find no sufficient ground for cancellation of bail. The petition is dismissed. Copy of the order be sent to the Court concerned for information.
5. Order 'dasti.' (S.P.GARG) JUDGE JANUARY 20, 2016 / tr Crl.M.C. 238/2016 Page 3 of 3