BAIL APPLN./3922/2024 of ANIL PATEL Vs STATE OF NCT OF DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI+ BAIL APPLN. 3922/2024

ANIL PATEL .....Petitioner

Through: Mr. Vijay Kumar Dwivedi and Mr. Satender Kumar, Advs. Satender Kumar, Advs. versus

STATE OF NCT OF DELHI

.....Respondent

Through: Mr. Mukesh Kumar, APP for the State with SI Sangam Yadav, PS. Mayur Vihar.

CORAM:HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R R03.12.2024

1.The present petition has been filed seeking regular bail in case FIR No.0294/2024 under section 376 IPC, registered at Mayur Vihar Phase-1. Briefly stated the facts are that the present FIR was lodged on the statement of the prosecutrix-A. The prosecutrix alleged that while she was preparing for government job, she met the petitioner in 2021. The petitioner was imparting tuition to the complainant and gradually they became friends. The petitioner allegedly promised the complainant to marry and established physical relations with her on 27.11.2021 for the first time. The complainant alleged that after that they had made physical relations on several occasions and furthermore, the petitioner took the complainant forcibly to Prem Mandir, Mathura where Anil has put vermilion on the forehead of the victim in the temple. The complaint insisted him for court marriage, but the accused did not do the same. It has been alleged that on

17.09.2024, when the victim went to Anil’s house, to take some of her essentials, which the complainant had left, the accused locked the complainant in room and molested her. The petitioner was arrested on 19.09.2024. The complainant had also alleged that the petitioner has some personal photos of the victim in his mobile phone. The mobile phone had been recovered. The charge sheet has already been filed.

2.Learned counsel for the petitioner submits that it was the case of consensual relationship. The complainant is major. Learned counsel submits that the charge sheet has already been filed, the trial may take long time.

3.Learned APP has opposed that and submits that the offence is serious in nature. However, learned APP submits that the IO duly informed the complainant, but she expressed his inability to come.

4.It settled position that the Court at the stage of the bail has to see the prima facie case. The complainant in the present case is major. She has alleged that she entered into relationship with the petitioner on the false pretext of marriage being given by the petitioner. The investigation has already been completed.

5.In view of the facts and circumstances, the petitioner is admitted to bail on furnishing personal bond of Rs. 20,000/- with one surety of the like amount subject to the satisfaction of Ld. Trial Court subject to the verification of address and subject to the following conditions:

a)the Petitioner shall cooperate in the investigation and appear before the Investigating Officer of the case as and when required and shall attend the trial regularly;before the Investigating Officer of the case as and when required and shall attend the trial regularly;

b)the Petitioner shall under no circumstances leave India without prior permission of the Court concerned;prior permission of the Court concerned;

c)the Petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case;inducement, threat or promise to any person acquainted with the facts of the case;

d)the Petitioner shall provide his/her mobile number(s) to the Investigating Officer;Investigating Officer;

e)In case of change of residential address and/or mobile number, the Petitioner shall intimate the same to the Investigating Officer/ Court concerned by way of an affidavit.Petitioner shall intimate the same to the Investigating Officer/ Court concerned by way of an affidavit.

6.In view of the above, the bail application stands disposed of.

DECEMBER 3, 2024Bh/KR

DINESH KUMAR SHARMA, J