Full Text
BAIL APPLN. 1800/2016
Petitioner Represented by: Mr. R.K. Tarun, Advocate,
GULLU@NEERAJ Represented by: Mr. R.K. Tarun, Advocate.
State with SI Harpal Singh, PS Paharganj.
02.05.2017
ORDER
1. By the two petitions the petitioners who are brothers seek anticipatory bail in case FIR No. 320/2016 under Sections 365/376 IPG registered at PS Pahar Ganj, Delhi.
2. Learned counsel for the petitioner submits that the above noted FIR was lodged as acounter blast to the two FIRs lodged, one by the sister ofthe BAILAPPLN. 1800/2016tS 1808/2016 Page 1of[3] 2017:DHC:8389 m two petitioners against the brother of the prosecutrix in the above noted FIR and one against the prosecutrix in the above noted case herself, threatening to withdraw the case against her brother.
3. In the above noted FIR the prosecutrix alleged that on 20^'' August, 2016 at 10.30 PM while she was going towards DBG Road to purchase medicine and reached near Naaz Cinema, three persons came on a red coloured motorcycle. It is alleged that Rahul and Gullu, the two petitioners herein, who were her neighbours were the pillion riders on the motorcycle and one unknown person was driving the same. They closed the eyes ofthe prosecutrix and took her to a deserted spot near Har Shrinath Dargah where some cars were parked. At the backside of the said spot Rahul and Gullu slapped her, tore her clothes and did wrong act with her.
4. During the investigation, medical examination ofthe prosecutrix was conducted, the vaginal swabs were collected and as per the FSL report which has now been filed with the status report, the alleles from the source exhibits ofthe two petitioners are not accounted for in the vaginal swabs etc. takenas sample from the prosecutrix.
5. Considering the evidence which has come on record during the course of investigation prima facie there appears to bemerit inthecontention ofthe learned counsel for the petitioner that the above noted FIR was registered as a counter blast to the two FIRs, that is, one lodged by the sister of the petitioners against the brother of the prosecutrix and the other against the prosecutrix herselfthreatening to withdraw the case against her brother. The petitioners have since joined the investigation. BAIL APPLN. 1800/2016&1808/2016 Page 2of[3]
6. It is, therefore, directed that in the event of arrest the petitioners be released on bail on their furnishing personal bond in the sum of ^25,000/each with one surety of the like amount each, subject to the satisfaction of the Arresting Officer/SHO concerned, further subject to the condition that the petitioners will join the investigation as and when directed by the Investigating Officer and will not leave the country withoutpriorpermission ofthe Court concerned and in case ofany change ofaddress the same will be intimated to the court concerned by way ofaffidavit.
7. Petitions are disposed of,
8. Order dasti. MAY 02, 2017 MUKTA GUPTA, J. 'vn' BAILAPPLN, 1800/2016&1808/2016 Page3of[3]