Kapil Gupta v. State
Case brief
What is this about?
Bail application by Kapil Gupta, accused in rape case under Sections 376/506 IPC. Court granted bail noting complainant was already married when relationship was established, negating possibility of false promise of marriage.
What did the court decide?
Release of petitioner on bail on personal bond of ₹25,000 with one surety of like amount.
What the court decided
$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI
- BAIL APPLN. 433/2017
KAPIL GUPTA
| Represented by: | ..... Petitioner Mr. J.P. Sengh, Sr. Adv. with Mr. Abhishek Verma, Mr. |
|
|---|---|---|
| Yogesh Kumar, Ms. Manisha Mehta, Advs. |
||
| versus | ||
| STATE | Represented by: | ..... Respondent Ms. Rajni Gupta, APP with SI Bhawani Shanker, PS Mianwali Nagar. |
| CORAM: | ||
| HON'BLE MS. | JUSTICE MUKT | A GUPTA |
O R D E R % 05.05.2017
By the present petition the petitioner seeks bail in case FIR No.56/2017 under Sections 376/506 IPC registered at PS Mianwali Nagar.
Learned counsel for the petitioner contends that at the time when the complainant alleges that she was raped on the pretext of marriage she was already married and during the subsistence of a marriage she could not be lured into a promise of marriage.
The allegations of complainant in the FIR are that she was married to one Subendu in the year 2009 and a daughter was born from the said wedlock, however her relations became strained with Subendu who filed a case seeking divorce from her. While the divorce proceedings were BAIL APPLN. 433/2017 page 1 of 2
Issues for consideration
1 issue framed by the court
Whether bail should be granted to the accused in a rape case where the complainant was already married at the time alleged offence was committed.
Parties & counsel
- petitioner
Kapil Gupta
- respondent
State
Coram
Mukta Gupta
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court