Delhi High Court
Dr. Ravi Prakash Verma vs State on 25 November, 2019
$~49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 25.11.2019
+ BAIL APPLN. 2916/2019
DR. RAVI PRAKASH VERMA ..... Petitioner
Through: Mr. Sunil Dalal, Adv.
versus
STATE ..... Respondent
Through: Mr. Hirein Sharma, APP for State
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)
CRL.M.A. 41008/2019 (Exemption)
1. Allowed, subject to all just exceptions.
2. This application is, accordingly, disposed of.
BAIL APPLN. 2916/2019
3. Vide the present petition, the petitioner/ accused seek direction
thereby to grant bail in FIR No. 281/2019 dated 12.10.2019 registered at
Police Station - Safdarjung Enclave, New Delhi for the offences punishable
under Section 328/376/506 IPC.
4. Case of the prosecution is that the complainant has studied B. Pharma
and in the month of December, 2017, while she was working with Walter
Bushnell Company, she was sent to Safdarjung Hospital on behalf of the
company as she was the Field Sales Manager. Her job was to meet the
Doctors and tell them about the medicines of her company to promote drug
study in the hospitals.
5. She is married to Ravi and their marriage took place on 3rd November,
2014. In the year 2017, while she was working in Safdarjung Hospital, she
used to have professional meetings with many doctors during the job.
During that time, she also met Dr. Ravi Prakash Verma (General Surgeon)
(the petitioner herein). Initially, she used to have a routine meeting with Dr.
Ravi Prakash Verma and his behaviour towards her was also right. Due to
the nature of her work i.e. marketing, mobile numbers were exchanged
between them. She used to talk to him about work through text messages on
the phone, then gradually, they became closer. When the petitioner offered
her for coffee, she felt a bit strange and disclosed this to her husband, to
which her husband explained that this goes on in business meetings. So, on
his (Dr. Ravi's) insisting again, she went to Green Park, CCD for coffee
with him. They had a meeting after this as well and Dr. Ravi became
friendly with her. She was advised by the petitioner that she should study
further and try for a job in government and that he would help her with her
preparations. Till then, the intention of the petitioner was not wrong
towards her as he used to call her to his house as well and his wife and
brother also knew about her profile. She continued to meet the petitioner for
a long time and families of both of them used to go for lunch and dinner
together. Meanwhile, the petitioner told her that he too had to do MCH
Course, so he was taking a room on rent in Arjun Nagar because it was
difficult to study with the family at home and he asked her to come to his
rented room for her studies. She used to go to Arjun Nagar on the
petitioner's rented accommodation to study 2-3 days a week. One day, the
petitioner offered her a cold drink with sedative mixed in it and thereafter,
he committed rape.
6. Initially, she did not disclose this fact to anyone, however, thereafter
in the month of October, she made complaint which culminated into the FIR
herein.
7. Learned counsel appearing on behalf of the petitioner submits that the
prosecutrix used to meet him and had consensual sexual relations with him,
however, when this fact came to the knowledge of her husband, he insisted
her to make a complaint and accordingly, the petitioner has falsely been
implicated in the present case.
8. It is further submitted that regarding the allegations of the obscene
photo taken by the petitioner of the prosecutrix, he had already handed over
the cell phone to the IO, who thereafter, sent the cell for examination to the
FSL. The petitioner is in judicial custody since 13.10.2019. The charge sheet
is yet to be filed and trial will take substantial time, therefore, there is no
purpose to keep the petitioner behind the bars.
9. On the other hand, learned APP appearing for the State submits that
there are serious allegations against the petitioner. He has breached the trust
of the prosecutrix and by giving sedative in cold drink to her, committed
rape upon her. The complaint has been supported by the prosecutrix in her
statement recorded under Section 164 Cr.P.C. There is apprehension that the
petitioner may influence the witnesses as the investigation is at the advanced
stage. Thus, the present petition deserves to be dismissed.
10. Fact remains that the petitioner had a separate room on rent, despite
staying with his family in a different accommodation. The petitioner is a
Senior Resident at the Safdarjung Hospital. The prosecutrix was the Field
Sales Manager of her Pharmaceutical Company and for promotion of the
medicines of her company, she used to meet the doctors, who could
prescribe medicines of a particular company at hospitals and to patients.
Even when the petitioner offered her to have coffee, she felt awkward,
whereas offering coffee or cold drink is not a sin, which would result in
awkwardness, when two persons are meeting at residence, outside or some
other place. However, without commenting on the merits or demerits of the
case, keeping in view the facts that no further interrogation is required from
the petitioner and the fact that he is in custody since 13.10.2019 and the cell
phone of the petitioner has already been seized by the IO and sent for FSL,
thus, the apprehension of influencing the witnesses is also carved out. This
Court is of the considered view that the present case is fit for bail. Therefore,
the applicant shall be released on bail on his furnishing personal bond in the
sum of ₹25,000/- with one surety of the like amount to the satisfaction of the
Trial Court.
11. The bail application accordingly stands disposed of.
12. Order dasti under the signatures of Court Master.
(SURESH KUMAR KAIT)
JUDGE
NOVEMBER 25, 2019
PB
