Bunti v. Gaurav Goswarni and Priti Goswami

1. By these petitions, petitioners seek bail iri case FIR NO.376D/366/343/323/506/120B IPC registered at PS Lajpat'Nagar, New Delhi.

2. The prosecutrix in the above noted FIR alleged that she was studying in college and had gone to attend festival where she met Gaurav, her friend BAIL APPLN. 918/2018 and 968/2018 2018:DHC:8211 -wwho was studying B.Com and other friends also, who all decided to leave the college at about 7.00 PM and go for aparty. She sat with Gaurav on the bike, Sunny and Sachin were to come by metro and another girl'S' and Ajit were to come on their own. Gaurav took her to Faridabad, a place like a village. There, Sunny also^ joined. They met an uncle. She 'then asked Gaurav "ghar chalte hain' to which Gaurav stated that 'S' and Ajit were also joining them. After five minutes Sunny left the place on the bike and Gaurav,and the prosecutrix stayed in the house. However, 'S' and Ajit did not come to the said place. It is the case of the prosecutrix that Gaurav bolted the door from inside and'started, forcing himself upon her and when she begged ofhim, he threatened her. When she called out Sunny for help Gaurav stated thatthere was no one to help her. Case of the prosecutrix is that Gaurav committed sexual intercourse with her forcibly, then his uncle came inside the room and committed sexual intercourse forcibly with her. Thereafter, when Sunny came inside the room, she requested him to let her go. It is ftirther the case of the prosecutrix that Sunny did no wrong with her. Later Gaurav called someone and inthe carGaurav, his Mend, a driver, Sunny a;nd Bunti were there. The prosecutrix alleges that rape was committed on her even in the car by Gaurav and Vinod. In her deposition the prosecutrix clearly stated that Bunti did' not commit any sexual intercourse with her and identified him..

3. Considering the fact that there is no allegation ofcommitting forcible sexual intercourse with the prosecutrix against Sunny and Bunti and that the prosecutrix has already been examined and the petitioners have been in custody for the last 15 months, this Court deems it fit to grant bail to the BAIL APPLN. 918/2018 and968/2018 M petitioners.

4. Itis, therefore, directed that the petitioners be released on bail on their furnishing a personal bond in.the sum of^25,000/- each with two sureties bonds inthe like amount each, subject tothe satisfaction ofthe learned Trial Court, further subject to the condition that the petitioners will not leave the country without prior permission of the Court concerned and in case of change of residential address the same will be intimated to the Court concerned by way of an affidavit.

5. Petitions are disposed of.

6. Order dasti.