Devender Kumar v. State

(1) The petitioner seeks anticipatory bail in case FIR No.577/14 under Section 376D/328/506/34 IPG registered at Police Station Mundka. Status reportis onrecord. (2) Admitted position is that the co-accused Baleshwar Prasad has since been acquitted in this case by an order dated 14.09.2015 in Sessions Case No.20/14 arising out of FIRNo.577/14 under Sections 376D/328/506/34 IPC registered at Police Station Mundka. The proseuctrix who appeared as PW-1 turned hostile and completely exonerated Baleshwar Prasad. BAIL APPLN. 505/2015 Page1of[2] 2015:DHC:10702 (4) Perusal of the Trial court record reveals that the prosecutrix appeared for examination on 16.06.2015 and 27.08.2015 and was partly examined. Further examination was deferred at her request as she was not feeling well. Finally on 04.09.2015, she exonerated the accused Baleshwar Prasad and did not implicate him for the crime. Allegations against the present petitioner are almost similar. There is unexplained delay in lodging the FIR. The prosecutrix and the petitioner were acquainted with each other much prior to the incident and had visiting terms. (4) Considering the facts and circumstances of the case, the petitioner isadmitted to anticipatory bail and inthe event ofhis arrest, he be released on bail on his furnishing personal bond in the sum of ^50,000/-with one surety in the like amount to the satisfaction of the SHO/Investigating Officer with the condition that he shall join the investigation as andwhen required. (5) The bailapplication stands disposed of ^GARG, J OCTOBER 08, 2015 / sa BAIL APPLN. 1002/2015 Page 2 of[2]