Shiv Kumar @ Moto vs State
2010 Latest Caselaw 4965 Del

                    * IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                   Date of Reserve: 8th October, 2010
                                                    Date of Order: 27th October, 2010
+BAIL APPLICATION NO. 1454/2010
%
                                                                          27.10.2010

SHIV KUMAR ALIAS MOTO                                                  ... Petitioner
                                    Through: Mr. R.S. Gupta and Mr. Madan Mohan,
                                    Advocates
                 Versus

STATE                                                                ... Respondents
                                    Through: Mr Sunil Sharma, Addl. PP


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

1. This application for bail has been made by accused who is facing trial

under Section 376 IPC. Statement of prosecutrix has already been recorded.

It is stated by counsel for the applicant that from the testimony of prosecutrix

recorded and from the other documents, it was a fit case for grant of bail.

2. I have gone through the testimony of prosecutrix. The prosecutrix had

broadly supported her case of forcible rape having been committed by the

accused. It would not be appropriate to analyze the statement of prosecutrix

at this stage and to give a finding as to what is the worth of her statement as it

would not be in the interest of accused himself. However, I do not find it

appropriate to grant bail to accused. The application is dismissed.

OCTOBER 27, 2010                         SHIV NARAYAN DHINGRA, J.
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