Rajeshwari vs Anand And Others
2016 Latest Caselaw 448 Del

$-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

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

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