Delhi High Court
Hemant vs The State Govt. Of Nct Of Delhi on 5 December, 2018
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 05.12.2018
+ BAIL APPLN. 58/2018
HEMANT ..... Petitioner
versus
THE STATE GOVT OF NCT OF DELHI ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. R.K. Kochar, Advocate.
For the Respondent : Mr. Hirein Sharma, APP for the State with W/SI
Prabha
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
05.12.2018
SANJEEV SACHDEVA, J. (ORAL)
1. The petitioner seeks bail in FIR No.396/2017 under Section 376
IPC, Police Station Prasad Nagar.
2. It is alleged in the FIR that the complainant resides alongwith
her family in a tenanted property and came in contact with the
petitioner 7-8 years ago and was in relationship with the petitioner.
3. It is alleged that on the premise of marriage, the petitioner first
made relationship with her in the year 2012 without her consent and
thereafter physical relation was made several times. It is contended
that in March 2016, they went to Haridwar, where also they had
physical relationship and thereafter the petitioner is alleged to have
refused to get married to the complainant.
4. The FIR alleges that during this period the complainant had
given gold bracelet and gifts to the petitioner worth Rs.6,00,000/- and
whenever the said amount was demanded, he refused to pay the same.
The FIR alleges that in case the petitioner pays to the complainant the
said amount of Rs.6,00,000/-, then she does not want any prosecution.
It is stated that the amount of Rs.6,00,000/- be got recovered as early
as possible as she is bearing interest on the same.
5. The petitioner was granted interim protection by order dated
30.01.2018 subject to joining investigation.
6. Learned Addl. PP for the State submits that the petitioner had
joined investigation as and when was called by the Investigating
officer and the investigation is complete and chargesheet has already
been filed, however, as there was an interim protection by this Court,
chargesheet has been filed without arrest.
7. Learned counsel for the petitioner submits that since the
chargesheet has been filed without arrest, he seeks leave to withdraw
the present bail application with liberty to approach the trial court for
grant of regular bail.
8. In view of the above, the application is dismissed as withdrawn
with liberty as prayed for. The petitioner shall file an application
before the trial court for grant of regular bail within a period of one
week from today. The interim protection, granted to the petitioner, by
order dated 30.01.2018, shall enure to the benefit of the petitioner till
the disposal of the application for grant of regular bail by the Trial
Court and in case, the Trial Court is inclined not to admit the
petitioner to bail, then the interim protection shall enure for a period
of one week thereafter.
9. It is clarified that in case the petitioner fails to file an
application seeking regular bail within one week from today, the
interim protection granted to the petitioner shall automatically lapse.
10. It is further clarified that this Court has not expressed any
opinion on the merits of the case and the Trial Court shall be at liberty
to consider the application without being influenced by anything
stated in this order.
11. The petition is disposed of in the above terms.
12. Order Dasti under signatures of the Court Master.
DECEMBER 05, 2018 SANJEEV SACHDEVA, J
'rs'
