Allowed

Prakash Chander v. State ( Govt of NCT of Delhi)

Delhi HC3 Feb 2017BAIL APPLN./152/2016

Case brief

AI extract

What is this about?

In a bail application under Section 438 Cr.P.C. for an alleged offence of sexual intercourse with his ex-wife under Section 376 IPC, the court examined the file and the petitioner's compliance with an earlier interim order, granting anticipatory bail on furnishing a bond.

What did the court decide?

The petitioner was granted anticipatory bail on the condition of furnishing a personal bond of Rs. 50,000 with one surety and joining the investigation when required.

Prakash Chander Vs State ( Govt of NCT of Delhi) — Matrimonial and Divorce | Delhi HC (2017)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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BAIL APPLN. 152/2016 & CRL.M.B. 132/16 PRAKASH CHANDER ..... Petitioner

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Through : Mr.Pankaj K.Verma, Advocate.

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versus

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STATE ( GOVT OF NCT OF DELHI) ..... Respondent Through : Ms.Manjeet Arya, APP with SI Naresh Kumar, PS Uttam Nagar.

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CORAM: HON'BLE MR. JUSTICE S.P.GARG O R D E R

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% 03.02.2017

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The petitioner seeks anticipatory bail under Section 438 Cr.P.C. in case FIR No.1500/2015 registered under Sections 376/406/506 IPC at PS Uttam Nagar. Status report is on record.

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I have heard the learned counsel for the parties and have examined the file. By an order dated 22.01.2016, the petitioner was granted interim protection and was directed to join the investigation as and when required. Undisputedly, the petitioner has joined the investigation since then.

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The complainant was given an opportunity to file response to the bail application which she did not avail. None has appeared on behalf of the complainant today to contest bail.

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page 1 of 2

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BAIL APPLN. 152/2016

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The prosecutrix was married to the petitioner on 05.02.2001. Two children were born out of this wedlock. It is alleged that the petitioner obtained ex-parte decree of divorce dated 23.04.2005 by fraud. She was not informed about the decree of divorce and continued to reside with him till July, 2013. Since she was not legally wedded wife of the petitioner after his obtaining decree of divorce, physical relations established with her attracted Section 376 IPC. 5. Considering the facts and circumstances of the case, the petitioner is granted anticipatory bail and in the event of arrest, he be released on furnishing personal bond in the sum of ` 50,000/- with one surety in the like amount to the satisfaction of the SHO/Investigating officer. He shall, however, join the investigation as and when required.

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The bail application stands disposed of. Pending application also stands disposed of.

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S.P.GARG, J.

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FEBRUARY 03, 2017 / tr

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page 2 of 2

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BAIL APPLN. 152/2016

Prakash Chander v. State ( Govt of NCT of Delhi)

Case brief

What is this about?

What did the court decide?

Prakash Chander v. State ( Govt of NCT of Delhi)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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