CIVIL APPEAL 71 of 2021

CORAM:HON'BLE MR. JUSTICE VIKAS MAHAJANO R R%18.02.2025

1.The present petition has been filed by the petitioner under Section 528BNSS, 2023 seeking regular bail in connection with FIR No. 71/2021 underSections 376(2)(n)/ 506/174A IPC registered at Police Station Wazirabad,Delhi.

2.The case of the prosecution is that the petitioner established physicalrelationship with the prosecutrix withholding the fact that he is alreadymarried and having three children.

3.Learned counsel appearing for the petitioner submits that it is not indispute that the relationship between the petitioner and the prosecutrix wereconsensual in nature. He submits that the doctor who prepared the MLC hasalready been examined and he has testified that the prosecutrix had refusedinternal examination at the time when she was brought to the hospital. Hefurther submits that the DNA report of the petitioner is also negative.

4.On query posed by the Court, learned APP appearing on behalf of theState fairly states that the prosecutrix had refused her internal examination aswell as the DNA report is negative.

5.Notice in the petition was issued vide order dated 03.02.2025 and theIO was directed to put the prosecutrix/respondent no. 2 to notice. The IO whois present in Court informs that the prosecutrix was put to notice with regardto the pendency of the present petition as well as today’s hearing.

6.It is not the case of the prosecution that the petitioner has any criminalrecord or that the petitioner is flight risk.

7.Further, all the material witnesses have been examined and there is nopossibility of petitioner influencing such witnesses by the petitioner in theevent he is granted bail.

8.In so far as the assertion made in the status report that the petitioner wasabsconder, suffice it to say that thereafter the petitioner was arrested and waseven granted interim bail and the liberty so granted was not misused by himand he had timely surrendered.

9.In view of the above, the petitioner is admitted to regular bail subject tohis furnishing personal bond in the sum of Rs. 25,000/- with one surety ofthe like amount to the satisfaction of the learned Trial Court/JMFC/Duty JM,further subject to the following conditions:

a)Petitioner shall appear before the Court as and when the matter istaken up for hearing.

b)Petitioner shall provide mobile number to the IO concernedwhich shall be kept in working condition at all times and he shall notchange the mobile number without prior intimation to the InvestigatingOfficer concerned.

c)Petitioner/applicant shall not indulge in any criminal activity andshall not communicate with or come in contact with the witnesses orany family members of the witnesses.

10.It is clarified nothing mentioned above shall be construed as expressionof opinion on the merits of the case.

11.The application is disposed of.

12.Copy of the order be forwarded to the concerned Jail Superintendentfor necessary compliance.

13.Order dasti under signatures of the Court Master.

FEBRUARY 18, 2025‘rs’

VIKAS MAHAJAN, J