The Delhi High Court on Friday in the case of Roshan v. State (NCT of Delhi) & Ors. Comprising of a single bench of Justice Manoj Kumar Ohri granted anticipatory bail to a rape accused after the victim's mother expressed that she has no objection to the same.
The mother of the prosecutrix submitted before the Court that the petitioner has married the prosecutrix and she has no objection if the petitioner is released on anticipatory bail.
The Learned counsel for the petitioner submitted that the present FIR has been lodged on account of a misunderstanding between the parties and the complainant has already given a request for re-recording of her statement under Section 164 Cr. P.C. He further submitted that the petitioner is a Government servant. It was also submitted that in pursuance of the previous orders, the petitioner has joined the investigation.
It was further submitted that although the alleged incident was committed between the period from January 2020 to June 2020, however, the FIR came to be registered only on 12.07.2020.
On the other hand, the learned APP for the state, Ms. Meenakshi Chauhan, has opposed the bail application. It was stated that the prosecutrix has supported her allegations in her statement recorded under Section 164 Cr.P.C.
The bench Ordered:"Keeping in view the totality of the facts and circumstances, it is directed that in the event of his arrest, the petitioner be released on anticipatory bail, subject to his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the concerned Arresting Officer/I.O./SHO of the concerned Police Station. The application stands disposed of in the above terms."
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