BAIL APPLN./1087/2017 of ANIL PASSI Vs THE STATE GOVT OF NCT OF DELHI

Court: Delhi High Court
Decision date: 2017-05-31

Parties

ANIL PASSI (PETITIONER)
THE STATE GOVT OF NCT OF DELHI (RESPONDENT)

Cites (1)

CRL.M.C./2191/2020 of YOGENDER @ BANTY & ORS. Vs THE STATE GOVT OF NCT OF DELHI AND ANR. & ANR. (2020)

Statutes cited (1)

indian penal code, 376 (1860)

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*IN THE HIGH COURT OF DELHI AT NEW DELHI

+BAIL APPLN. 1087/2017

ANIL PASSI

..... Petitioner

Through:Mr. Hanumant Sakhuja, Mr.Siddharth Gaurav & Mr. Akshay Kr.Verma, Advs.

versus

THE STATE GOVT OF NCT OF DELHI..... RespondentThrough:Mr. Akshai Malik, APP for State withSI Malti, PS Model Town.

CORAM:HON'BLE MR. JUSTICE R.K.GAUBAO R R%31.05.2017

Crl.M.A. 9701/2017

Allowed, subject to all just exceptions.

BAIL APPLN. 1087/2017

Status report filed. Heard. The investigation file has been perused.The prime allegations of the prosecutrix constituting the offence underSection 376 IPC are directed against Sourabh Passi, son of the petitionerherein. They relate to the period of January, 2017. The allegations againstthe petitioner essentially pertain to 18[th]March,2 017 when the prosecutrixclaims to have visited the house of the petitioner. There is no explanation asto the purpose of such visit by her.

Be that as it may, in the context of what happened at the time of suchvisit she accuses the petitioner and his son-in-law sexually assaulting her.There is no description of the actual acts committed by the petitioner or theperson assisting him whether or not the acts committed amounted to sexualBAIL APPLN. 1087/2017page 1 of 2

assault is matter of opinion which can be gathered only if the event isproperly described.

In the facts and circumstances, the petitioner deserves protection. It isdirected that in the event of he being arrested the petitioner shall be releasedon bail on he furnishing personal bonds in the sum of Rs.20,000/- with onesurety in like amount to the satisfaction of the arresting officer subject to theconditions that he shall continue cooperating with the investigation and jointhe same as and when called upon to do so and shall not come in contactwith or try to influence any of the witnesses connected to the case.

It is made clear that this order will inure only till the date of firstappearance of the petitioner in the event of charge-sheet being filed onconclusion of the investigation and process being issued against him by thecourt of cognizance.

Petition is thus, allowed.

Dasti under the signature of Court Master.

MAY 31, 2017

R.K.GAUBA, J

BAIL APPLN. 1087/2017