High CourtsSingle Bench(2018) 05 DEL CK 0113

ARJUN vs THE STATE (GOVT.OF NCT

Delhi High Court · Decided on 10 May 2018

HON’BLE JUDGES
SANJEEV SACHDEVA
RESULT
Disposed Of
CASE NUMBER
BAIL APPLN. 390 OF 2018

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Judgment

13 paragraphs · 247 words
1.

Petitioner seeks regular bail in FIR No.145/2017 under Section 376 IPC, Police Station Prashant Vihar.

2.

The allegations against the petitioner are that the petitioner on a false pretext of marriage made physical relationship with the prosecutrix. The

petitioner has been in custody since 30.04.2017.

3.

It is informed that the matter has been listed before the Trial Court seven times for recording statement of the prosecutrix. Learned APP for the

State informs that the prosecutrix is not coming forward so as to record her testimony and she is not even traceable and efforts made to trace out

the prosecutrix at her native place in Assam, Guwahati were unsuccessful.

4.

Without commenting upon the merits of the case, perusal of the record shows that the petitioner has made out a case for grant of bail.

5.In view of the above, the petitioner shall be released on bail, subject to the petitioner furnishing a personal bond in the sum of Rs.25,000/- with one

surety of the like amount to the satisfaction of the Trial Court, if not required in any other case . The petitioner shall not do anything which shall

prejudice either the Trial or the prosecution witnesses. The petitioner shall not make any endeavor to contact the prosecutrix or her family. The

petitioner shall not leave the country without the permission of the Trial Court.

6.

The petition is disposed of in the above terms.

7.

Order Dasti under the signatures of the Court Master.