Delhi High Court
Shekhar Garg @ Shekhar vs The State on 20 August, 2019
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 20.08.2019
+ BAIL APPLN. 1940/2019
SHEKHAR GARG @ SHEKHAR ..... Petitioner
versus
THE STATE ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Gaurav Kochar with Mr. Dollar Jain,
Advocates.
For the Respondent : Mr. Hirein Sharma, APP for the State with the
Investigating Officer.
Mr. Ashok K. Singh with Ms. Sonakshi Monga and
Mr. Sandeep K. Bhardwaj, Advocates for
complainant with complainant in person.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner seeks regular bail in FIR No.167/2019 under Sections
376/506 IPC, Police Station Geeta Colony.
2. Allegations in the FIR are that the complainant came in contact
with the petitioner in first half of the year 2017 when she received a
Facebook request from him. It is alleged that she was initially not
interested however when he continued to pressurize her, she accepted
the request and got in touch with him. Subsequently, it transpired that
he was the brother of one of her acquaintances. Thereafter it is alleged
that he proposed to her to enter into a relationship but she initially
refused. However, he kept on pestering her and she later on agreed
and they entered into a relationship. He is further alleged to have
entered into a physical relationship with her on a false promise to
marry and subsequently, refused to marry her.
3. Learned counsel for the petitioner submits that the petitioner
has been falsely implicated. He submits that even as per the FIR there
is a substantial delay in lodging the complaint and further that the
averments in the FIR suggest that the relationship was consensual.
4. Learned counsel for the petitioner submits that there is nothing
to suggest that there was any physical relationship or any promise or
false promise to marry. He further submits that all these are matter of
trial where the prosecution would have to establish its case.
5. Petitioner has been in custody since 20.06.2019.
6. Without commenting on the merits of the case and keeping in
view the totality of facts and circumstances of the case, I am satisfied
that the petitioner has made out a case for grant of regular bail.
7. Accordingly, on petitioner furnishing a bail bond in the sum of
Rs.25,000/- with one surety of the like amount to satisfaction of the
Trial Court, petitioner shall be released on bail, if not required in any
other case, subject to the following conditions: -
(i) Petitioner shall not do anything which may prejudice
either the trial or the prosecution witnesses.
(ii) Neither the petitioner nor his family members shall
contact the complainant or her family.
(iii) Petitioner shall not leave the country without the
permission of the Trial Court.
(iv) Petitioner shall surrender his passport, if any, to the
Investigating Officer, if not already done so.
(v) The Investigating Officer shall share her as well as the
telephone number of the SHO, Police Station Geeta
Colony with the complainant, who may contact them in
case of any apprehension.
8. Petition is allowed in the above terms.
9. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
AUGUST 20, 2019/st
