Mohd Naeem Ansari Vs the State NCT of Delhi

The petitioner seeks regular bail under Section 439 Cr.P.C. in case FIR No.47/2018 registered under Sections 376/506/509 IPC at PS Bara Hindu Rao. Section 384 IPC was added in the FIR subsequently. Status report not filed.

I have heard the learned counsel for the parties and have examined the file. The petitioner is in custody since 26.03.2018. The petitioner has a minor child aged around 12 years who is living with the neighbour.

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Contents of the FIR reveal that the prosecutrix is aged around 21 years. Earlier, the petitioner had married her aunt Anita who expired on 30.06.2016. Both the prosecutrix and the petitioner were acquainted with each other. Physical relations took place between the two albeit on the alleged promise to marry at several places in Delhi and outside Delhi. When the marriage between the parties did not happen, the FIR was lodged. The delay in lodging the FIR has not been explained.

Considering the facts and circumstances of the case, the petitioner is admitted to bail on his furnishing personal bond in the sum of `40,000/- with one surety in the like amount to the satisfaction of the Trial Court.

S.P.GARG, J

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MAY 07, 2018 / tr

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Mohd Naeem Ansari v. the State NCT of Delhi