Delhi High Court
Abhinandan Singh vs The State (Nct Of Delhi) on 28 September, 2020
$~9
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 28.09.2020
+ BAIL APPLN.1430/2020
ABHINANDAN SINGH ..... Petitioner
versus
THE STATE (NCT OF DELHI) .....Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Tarun Goomber with Mr. Saurabh Singh
Ahluwalia, Advocate.
For the Respondent: Ms. Kusum Dhalla, APP.
Ms. Mallika Parmar, Advocate for the complainant.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The hearing was conducted through video conferencing.
2. Petitioner seeks anticipatory bail in FIR No. 56/2020 at Police
Station Wazirabad, Delhi under Section 376/323 of the IPC.
3. The case of the prosecutrix is that the petitioner became friends
with her in Lucknow (UP) and thereafter he took her to a temple on
the pretext of getting married and put vermilion on her forehead.
Thereafter he came to Delhi for preparation of UPSC Examination
and after one month called her to Delhi to stay with him. They stayed
together for some time. It is contended that on 20.09.2018, petitioner
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:28.09.2020 19:38:08 BAIL APPLN.1430/2020 Page 1
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
made forceful physical relations with her and though she continued to
request him to marry her by performing regular marriage ceremony,
however, he did not do so.
4. Learned counsel for the petitioner submits that petitioner has
been falsely implicated and as per his instructions petitioner is
lawfully married to the complainant. He submits that there is
unexplained delay in making the complaint as the complaint has been
made only in February, 2020 whereas there are allegations of forceful
relations of September, 2018.
5. By order dated 29.06.2020 petitioner was directed to join
investigation. Learned APP under instructions submits that petitioner
has joined investigation as and when required by the Investigating
Officer. She submits that the investigation is complete and charge
sheet has already been filed.
6. Without commenting upon the merits of the case and keeping in
view the fact that petitioner has joined investigation as and when so
required by the Investigating Officer, in the event of arrest on
petitioner furnishing a bail bond in the sum of Rs. 50,000/- with one
local surety of the like amount to the satisfaction of the Arresting
Officer/Investigating Officer/SHO concerned, petitioner shall be
released on bail. Petitioner shall not do anything which may prejudice
the trial or the prosecution witnesses. Petitioner shall provide his
permanent residential address as also the address at which he would
be residing from time to time to the Investigating Officer. Petitioner
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:28.09.2020 19:38:08 BAIL APPLN.1430/2020 Page 2
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
and his surety shall provide their mobile number to the Investigating
Officer and petitioner shall keep the mobile active and in case of
change of the address as also the mobile number, petitioner shall
provide the same to the Investigating Officer.
7. Petition is allowed in the above terms.
8. Copy of the Order be uploaded on the High Court website and
be also forwarded to learned counsels through email.
SANJEEV SACHDEVA, J.
SEPTEMBER 28, 2020
rk
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:28.09.2020 19:38:08 BAIL APPLN.1430/2020 Page 3
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
