Radhey Shyam vs The State
2010 Latest Caselaw 5300 Del

                * IN THE HIGH COURT OF DELHI AT NEW DELHI

                                            Date of Reserve: 18th November , 2010
                                               Date of Order: 22nd November, 2010
+ Bail Application No. 1288/2010
%                                                                      22.11.2010

        Radhey Shyam                                       ... Petitioner
                                 Through: Mr. A.K.Saini, Advocate

                Versus


        The State                                         ... Respondent
                                 Through: Mr. Sunil Sharma, APP for the State


JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporter or not?

3. Whether judgment should be reported in Digest?

JUDGMENT

The applicant is facing trial under Section 363/364/376 IPC and

is in judicial custody since 14th December, 2007. Statement of prosecutrix

has been recorded. The learned Counsel for the applicant submits that after

going through the statement of prosecutrix, it can be inferred that the

prosecutrix had willingly accompanied the applicant to different places and

stayed with the applicant in hotels and other places. Even at the time of

marriage there was no pressure or coercion on the prosecutrix. It is submitted

that the applicant was entitled for bail.

2. I have gone through the statement made by the prosecutrix

before the trial Court. the prosecutrix was aged around 18 years on the date

of incident. Her evidence shows that she had married the applicant at Arya

Samaj Mandir, Jamuna Bazar, Delhi on 23rd October, 2007 and thereafter she

visited several places. Although she had taken plea that she had married the

applicant under coercion and threat but her testimony reflects otherwise. I

consider that it is a fit case where the accused should be granted bail.

3. I, therefore allow the application of the applicant. It is directed

that he be released on bail on his executing personal bond to the tune of

Rs.50,000/- with one surety of the like amount to the satisfaction of the trial

Court concerned.

November 22, 2010                           SHIV NARAYAN DHINGRA, J.
vn