Anand Mishra v. State

Delhi High Court · 14 Dec 2015 · 2015:DHC:10875
S. P. Garg
BAIL APPLN. 412/2015
2015:DHC:10875
criminal appeal_allowed

AI Summary

The Delhi High Court granted regular bail to petitioners accused under kidnapping and sexual assault charges due to delay in framing charges and non-availability of the prosecutrix, considering their court marriage.

Full Text
Translation output
HIGH COURT OF DELHI
BAIL APPLN. 412/2015
ANAND MISHRA
Petitioner
Through : Mr.Azhar Qayam, Advocate.
VERSUS
STATE
Respondent
Through : Mr.Amit Gupta, AFP.
SI Dinesh Dalmiya, PS Sultan Puri.
BAIL APPLN. 702/2015
MUKESH
Petitioner
Through : Mr.Pramod Kumar Dubey with Mr.Shiv Chopra, Advocates.
VERSUS
STATE
Respondent
Through : Mr.Amit Gupta, APP.
SI Dinesh Dalmiya, PS Sultan Puri.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
14.12.2015
ORDER

(1) The petitioners seek regular bail in case FIR No.323/2012 Bail Appl.Nos.412/15 & 702/15 Page 1 of[2] 2015:DHC:10875 €) under Sections 363/366/376(2)734 IPG registered at Police Station Sultanpuri. Status report is on record. (2) I have heard the learned counsel for the parties and have examined the file. The petitioners are facing trial for commission of offences under Sections 366/376 IPG. They are in custody since 27.02.2013. The case was committed to the Gourt of Sessions on 02.07.2013. Gharge could be framed against the petitioners after considerable period only on 25.08.2015. Notice issued to the prosecutrix was received back unexecuted. (3) This Gourt had also issued notice to the prosecutrix for appearance on several occasions but she was stated to be not residing at the given address. It is informed that the petitioner Anand Mishra and the prosecutrix were acquainted with each other and had performed court marriage. (4) Gonsidering the facts and circumstances of the case, the petitioners are admitted to bail on their furnishing personal bond in the sum of ?30,000/- with one surety each in the like amount to the satisfaction ofthe Trial Gourt. (5) The applications stand disposed of. (6) Gopy of the order be sent to Superintendent Jail for information. I ^.P.GARG, J. DECEMBER 14, 2015 BailAppl.Nos.4l2/l[5] & 702/15 Page 2 of[2]