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BAIL APPLN./1335/2016 of RAJESH MALIK Vs STATE GOVT OF NCT OF DELHI

Court
Delhi High Court
Decision date
2016-12-15
Case number
54 of 2016

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1335/2016

RAJESH MALIK ..... Petitioner

Represented by: Mr. A.K. Padhy with Ms. S.R. Padhy, Advs. Padhy, Advs.

versus

STATE GOVT. OF NCT OF DELHI

..... Respondent

Represented by: Mr. Vinod Diwakar, APP with SI Nitesh, PS Saket.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R R11.07.2016 11.07.2016

By the present petition, the petitioner seeks bail in case FIR No.54/2016 registered at PS Saket under Sections 354/376/377 IPC.

The complainant is the sister-in-law of the petitioner married to Bidesh Malik. perusal of the complaint shows that she was married to Bidesh Malik on 1[st] March, 2009 at Arya Samaj Mandir whereafter they lived as husband and wife. The complainant alleges demand of dowry, maltreatment and unnatural sex by her husband. The allegations span over period of seven years. The allegations against the petitioner are that after the complainant delivered girl on 16[th] June, 2012, the petitioner forcibly raped her.

Despite serious allegations the complainant lodged the FIR only on

12[th] January, 2016. It may be noted that the FIR No.54/2016 was lodged after the complaint filed by the brother of the petitioner dated 30[th] October, 2015 wherein the husband had alleged the complainant to be involved in extra-marital relationship.

Considering the facts and circumstances of the case and that the petitioner is no more required for investigation, I deem it fit to grant bail to him. The petitioner be released on bail on his furnishing personal bond in the sum of `25000/- with one surety of the like amount to the satisfaction of the learned Trial Court.

Petition is disposed of. Order dasti.

JULY 11, 2016 ‘v mittal’

MUKTA GUPTA, J.