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HIGH COURT OF DELHI
BAIL APPLN.2A61I2011&CRLMA 19877/2017 BHARATSHARMA ^ ..
Petitioner
Through Mr.KK Manan,Sr.Adv with Mr.-Bhavya Chauhan,Ms.Shivani
Kant,Advs
BAIL APPLN.2A61I2011&CRLMA 19877/2017 BHARATSHARMA ^ ..
Petitioner
Through Mr.KK Manan,Sr.Adv with Mr.-Bhavya Chauhan,Ms.Shivani
Kant,Advs
VERSUS
THE STATE GOVTOFNOTOFDELHI Respondent
Through Dr.M.P.Singh,APPfor State.
SISatish Bhati,PS Kalkaji
Through Dr.M.P.Singh,APPfor State.
SISatish Bhati,PS Kalkaji
BAIL APPLN.2469/2017 &CRLMA 19881/2017 panditASHOKSHARMA
Through Mr.KKManan,Sr.Adv with Mr.Bhavya Chauhan,Ms.Shivani
Kant,Advs
Through Mr.KKManan,Sr.Adv with Mr.Bhavya Chauhan,Ms.Shivani
Kant,Advs
VERSUS
THE STATEGOVTOFNCTOFDELHI Respondent
Through Dr.M.P.Singh,APPfor State.
SISatish Bhati,PS Kalkaji
Through Dr.M.P.Singh,APPfor State.
SISatish Bhati,PS Kalkaji
CORAM:
HON'BLE MR.JUSTICE A.K.PATHAK
01.11.2018 Learned senior counsel submits that petitioner Pandit Ashok
Sharma is father of petitioner Bharat Shaima. Ashok Sharma performslast rites atKalkaji Cremation Ground.There are disputes
2018:DHC:8425 between him and the management of Kalkaji Cremation Ground.
Petitioners have been falsely implicated through the prosecutrix, who was not an employee of the management of the Kalkaji Cremation
Ground. Prosecutrix made different statements. In the FIR, she did not allege any rape. She simply stated that while she was at the ground, Monu (Bharat Sharma) touched her breast while Ashok
Sharma touched her private parts. However, in her statement under section 164 Cr.P.C. she improved her version and stated that Bharat
^ Sharma @ Monu touched her private parts while Ashok Sharma inserted his fingers in her private parts.It is submitted that petitioners havejoined investigation.
Petitioners weregiven protectionfrom arrestbythis Courtwhich concession has not been misused by them. Investigations are over.
Charge sheet has been filed without arrest.
IhaveperusedtheFIRandstatementoftheprosecutrix.Keeping in mind the totality ofthe facts and circumstances ofthis case, it is r ordered that in case of arrest, petitioners Bharat Sharma and Pandit
Ashok Sharmabereleased on bail,subjectto each ofthem furnishing a personal bond in the sum of?20,000/- with one surety each in the like amountto the satisfaction ofthe SHO ofthe concerned police station.
Bail applications are disposed of in the above terms.
Miscellaneous applications are disposed ofas infmctuoushDasti.
A.K.PATHAK,J NOVEMBER 01,2018/sm 2018:DHC:8425
01.11.2018 Learned senior counsel submits that petitioner Pandit Ashok
Sharma is father of petitioner Bharat Shaima. Ashok Sharma performslast rites atKalkaji Cremation Ground.There are disputes
2018:DHC:8425 between him and the management of Kalkaji Cremation Ground.
Petitioners have been falsely implicated through the prosecutrix, who was not an employee of the management of the Kalkaji Cremation
Ground. Prosecutrix made different statements. In the FIR, she did not allege any rape. She simply stated that while she was at the ground, Monu (Bharat Sharma) touched her breast while Ashok
Sharma touched her private parts. However, in her statement under section 164 Cr.P.C. she improved her version and stated that Bharat
^ Sharma @ Monu touched her private parts while Ashok Sharma inserted his fingers in her private parts.It is submitted that petitioners havejoined investigation.
Petitioners weregiven protectionfrom arrestbythis Courtwhich concession has not been misused by them. Investigations are over.
Charge sheet has been filed without arrest.
IhaveperusedtheFIRandstatementoftheprosecutrix.Keeping in mind the totality ofthe facts and circumstances ofthis case, it is r ordered that in case of arrest, petitioners Bharat Sharma and Pandit
Ashok Sharmabereleased on bail,subjectto each ofthem furnishing a personal bond in the sum of?20,000/- with one surety each in the like amountto the satisfaction ofthe SHO ofthe concerned police station.
Bail applications are disposed of in the above terms.
Miscellaneous applications are disposed ofas infmctuoushDasti.
A.K.PATHAK,J NOVEMBER 01,2018/sm 2018:DHC:8425
JUDGMENT