Ashish vs State Of Nct, Delhi
2018 Latest Caselaw 5327 Del

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*       IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                 Judgment delivered on: 05.09.2018

+      BAIL APPLN. 2020/2018
       ASHISH                                        ..... Petitioner

                         versus


       STATE OF NCT, DELHI                           ..... Respondent

Advocates who appeared in this case:

For the Petitioner :     Mr. Ajay Jain with Ms. Aastha Chopra,
                         Advocates.

For the Respondent :     Mr. Kamal Kumar Ghai, APP for the
                         State.
                         SI Babita, PS Rajouri Garden.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                           JUDGMENT

05.09.2018

SANJEEV SACHDEVA, J. (ORAL) BAIL APPLN. 2020/2018 & Crl.M.(Bail) 1338/2018 (for interim bail)

1. The petitioner seeks regular bail in case FIR No.252/2018 under Section 376 IPC, Police Station Rajouri Garden. The petitioner has been in custody since 25.04.2018.

2. The allegations in the FIR are that the prosecutrix came in contact with the petitioner through Facebook, thereafter they started chatting and subsequently met and became friends. It is contended that they also went to Haridwar where they booked a room in a hotel and stayed together. It is contended that the petitioner on the false promise of marriage lured the complainant into making physical relation with him. Subsequently, he is alleged to have refused to get married to her.

3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated and even from the allegations there is no complaint of any force being used by the petitioner and the entire allegation is that the petitioner had lured the complainant on the pretext of false promise to marry and had consensual relationship with her. He further submits that there is unexplained delay in making a complaint.

4. Without commenting on the merits of the case and on perusal of the record, I am satisfied that the petitioner has made out a case for grant of regular bail.

5. Accordingly, on petitioner furnishing a bail bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the Trial Court, the petitioner shall be released on bail, if not required in any other case. The petitioner shall not do anything, which may prejudice either the trial or the prosecution witnesses. The petitioner

shall not make any endeavour to contact the complainant or her family members. The petitioner shall not leave the country without permission of the Trial Court.

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

7. Order Dasti under the signatures of the Court Master.

SANJEEV SACHDEVA, J September 05, 2018 st