Amit Kotnala v. The State (NCT of Delhi)

1. The petitioner seeks Bail in case FIR No. 237/2017 under Sections 376/323/506/34 IPC, Police Station South-Rohini.

2. The allegations in the FIR are that the petitioner on the pretext of marriage developed relationship with the complainant. It is contended that there is also a child born from the relationship between the petitioner and the complainant. The petitioner is stated to have brought the complainant to his parental house to live with him in Delhi and they resided together for nearly six years.

3. Learned counsel for the petitioner contends that the petitioner had 2018:DHC:1254 BAIL APPLN. 2350/2017 got married with the complainant as far back as on 13.01.2011 and there are documents to evidence the fact that the petitioner has always been acknowledging the complainant as his wife. It is contended that even all documents of the complainant show that she has been showing herself as wife of the petitioner. Reference is drawn to the Birth Certificate of the child which shows the date of the registration of birth as 13.12.2011 in which the petitioner is shown as the father and the complainant as the mother of the child. Learned counsel for the petitioner further submits that the parties got remarried on 22.09.2017, pursuant to the order of the Trial Court dated 14.09.2017.

4. The complainant is present in court and identified by the investigation Officer, she submits that she wants the petitioner to come out of jail and undertake his responsibilities.

5. Without expressing any opinion on the merits of the case, in my view, it is a fit case for grant of bail to the petitioner.

6. Subject to the petitioner furnishing a personal bond in the sum of Rs.25,000/- with a surety of the like amount to the satisfaction of the Trial Court, the petitioner shall be released on bail, if not required in any other case.

7. The Petition is disposed of in the above terms.

8. Order Dasti under signatures of the Court Master FEBRUARY 20, 2018/st SANJEEV SACHDEVA, J