Delhi High Court
[email protected] Lala vs The State Of Nct Of Delhi on 29 May, 2019
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1406/2019
[email protected] ..... Petitioner
versus
THE STATE OF NCT OF DELHI ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr.Anil Basoya, Advocate.
For the Respondent: Ms.Meenakshi Dahiya, APP for the State.
SI Rishikesh, P.S.Ambedkar Nagar
Mr.Arun Chaudhary, Adv. for the complainant.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
29.05.2019
Crl.M.A.11949/2019 (exemption)
Exemption is allowed subject to all just exceptions.
BAIL APPLN. 1406/2019
1. Petitioner seeks anticipatory bail in FIR No. 195/2019 under
Sections 376/506 of the IPC registered at Police Station Ambedkar
Nagar, Delhi.
2. As per the FIR, the prosecutrix knew the family of the
petitioner for last 2-3 years as they were neighbours.
3. It is alleged that the prosecutrix is a divorcee having divorced
her earlier husband in 2016. It is alleged that petitioner approached
her and expressed her affection with her and thereafter he and his
family promised that petitioner would marry the prosecutrix.
Subsequently, it is alleged that they had physical relationship also
which was established on the pretext of false promise to marry.
4. It is further alleged that during all religious functions the
mother of the petitioner would treat her like her prospective daughter
in law. However, subsequently, they started demanding money from
the prosecutrix. It is alleged that the prosecutrix is also pregnant with
the child of the petitioner.
5. Learned counsel for the petitioner submits that petitioner has
been falsely implicated. He submits that the allegations clearly
establish that the relationship was consensual and there is no
allegation that petitioner ever used any force or made physical
relations with the consent of the prosecutrix.
6. Learned counsel appearing for the complainant submits that the
complainant is being regularly approached by the petitioner or some
person on behalf of the petitioner and being pressurized to settle the
disputes by taking money.
7. Issue notice. Notice is accepted by learned APP for the State
who prays for time to file the status report. Let the same be filed on
or before the next date of hearing.
8. List on 13.09.2019.
9. In the meantime, subject to petitioner joining investigation, no
coercive action shall be taken against the petitioner till the next date of
hearing.
10. At the request of learned APP, petitioner is directed to appear
before the IO on 30.05.2019 at 4 PM, P.S. Ambedkar Nagar.
11. The petitioner shall not directly or indirectly approach the
prosecutrix or her family. The IO is directed to provide his personal
mobile number to the prosecutrix so that she may contract the IO in
case the need so arises.
12. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
MAY 29, 2019
rk
