Abhishek Gupta vs The State Nct Of Delhi
2018 Latest Caselaw 6876 Del

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                   Judgment delivered on: 19.11.2018

+      BAIL APPLN. 1806/2017
ABHISHEK GUPTA                                             ..... Petitioner
                               versus

THE STATE NCT OF DELHI                                     ..... Respondent
Advocates who appeared in this case:
For the Petitioner :         Mr.Plash, Advocate

For the Respondent:          Ms. Kusum Dhalla, APP for the State with SI Rampal,
                             P.S.Mehrauli

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                JUDGMENT

19.11.2018

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seek anticipatory bail in FIR No. 439 of 2017, under Sections 354/354-B/506 IPC, P.S.Mehrauli.

2. The allegations in the FIR against the petitioner are that the petitioner on a false pretext of marriage had made physical relationship consequent to which an FIR has been registered in Gurgaon. Petitioner is alleged to have sent obscene messages to the prosecutrix and also threatened her.

3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that parties were genuinely interested

in marrying each other and their relationship was consensual, however, subsequently they have fallen out and could not get married.

4. Petitioner was granted interim protection on 08.09.2017 subject to joining investigation.

5. Learned APP under instructions submits that the petitioner did join investigation and investigation has nearly concluded and charge sheet is in the process of being finalised for being filed in the Court.

6. Without commenting on the merits of the case, and keeping in view the totality of the facts and circumstances, I am satisfied that the petitioner has made out a case for grant of anticipatory bail.

7. Accordingly, it is directed that in the event of arrest, the arresting officer/IO/SHO shall release the petitioner on bail on his furnishing a bail bond in the sum of Rs. 15,000/- with one surety of the like amount to the satisfaction of the arresting officer/Investigating Officer/SHO concerned. Petitioner shall not do anything that may prejudice either the trial or the prosecution witnesses.

8. The petition is disposed of in the above terms.

9. Order Dasti under signatures of the Court Master.

NOVEMBER 19, 2018                             SANJEEV SACHDEVA, J
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