Sunil Kumar v. State Govt. of NCT of Delhi

1. The present petition has been filed by the petitioner under Section 439 Cr.P.C. praying inter alia for grant of bail in case FIR No.422/2011 registered under Sections 376/406/342 IPG at PS Khajuri Khas, Delhi.

2. Counsel for the petitioner states that contrary to what is alleged in the FIR, the prosecutrix is not a minor and as per the ossification test conducted on her, her age is between 18 to 19 years and that she had established a physical relationship with the petitioner of her own free will. He seeks to substantiate the said submission by referring to the statement of the prosecutrix recorded under Section 164 Cr.P.C. BAIL APPLN. 1233/2013 2013:DHC:7079 and her cross-examination, when she had appeared before the trial court, wherein she had admitted that she was well aware of the fact that the petitioner is a married man and has a child.

3. The status report has been filed by the State, wherein it has been stated that on 17.12.2011, the brother of the prosecutrix had reported that his sister, aged 14 years, had been kidnapped. On 29.12.2011, the mother of the prosecutrix had produced her daughter before PS Khajuri Khas, Delhi and the prosecutrix had stated that the petitioner, who is a goldsmith and has a shop near their residence, had called her at Sherpur Chowk on the pretext of giving her gold jewellery, taken her in a room and had raped her.

4. Later on, the birth certificate of the prosecutrix, as produced by her parents, was not found to be genuine. As per the X-ray bone test, the age of the prosecutrix is between 18-19 years. Learned Addl. PP submits that the statement of the prosecutrix has already been recorded and the matter is listed on 29.8.2013 before the trial court for further evidence. It is confirmed that the prosecutrix has turned hostile.

5. Having regard to the aforesaid facts and circumstances, it is deemed appropriate to allow the present application. The petitioner is granted bail, on the following terms and conditions:

(i) The petitioner shall furnish a personal bond in the sum of ?50,000/- with one local surety of the like amount to the satisfaction of the trial court.

(ii) The petitioner shall not approach the prosecutrix or any of the witnesses or try to threaten them in any manner.

(iil) The petitioner shall not leave the National Capital Territory of

(iv) The petitioner shall appear before the trial court on all the dates.

(v) The. petitioner shall not change his place of residence without the prior permission of the trial court.

6. The bail application is disposed of. Dasti.

AUGUST 23, 2013 sk HIMA KOHLI, J