Court granted bail to the petitioner in an FIR involving Section 376 IPC, where the prosecutrix alleged abduction and marriage to the petitioner. Considering custodial delay of 3.5 years and trial stage, release was ordered on personal bond with surety.
Granted bail on personal bond of ₹25,000/- with one surety, subject to address intimation.
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LOV KUSH @ ARUN ..... Petitioner Represented by: Mr.Aditya Wadhwa, Adv.
versus STATE ..... Respondent Represented by: Mr.Ashok Kumar Garg, APP for State with SI Shiv Prakash, PS Anand Parbat.
CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R % 17.08.2018
Status report is taken on record.
The petitioner seeks bail in FIR No.139 of 2015 under Section 363 IPC registered at PS Anand Parbat, New Delhi, wherein Section 376 IPC was later added. Initially, the above noted FIR was registered on the complaint by the father of the prosecutrix, who stated that his daughter aged about 17 years was missing from the house since 20th February, 2015 at about 3.00 pm. The prosecutrix was finally recovered however, she refused to undergo internal medical examination and informed that she had married with the petitioner and living with the petitioner as his wife. The prosecutrix has reiterated this version in the statement recorded before the Court.
Since the petitioner has been in custody since 11th March, 2015 and till date, trial has not completed despite the petitioner being in custody for BAIL APPLN. 1549/2018 1 of 2
nearly 3½ years also considering the material witnesses have been examined and the trial is still likely to take some time, this Court deems fit to grant bail to the petitioner. It is therefore, directed that the petitioner be released on his furnishing a personal bond in the sum of ₹25,000/- one with one surety in the like amount subject to the satisfaction of the Trial Court, further subject to the condition that in case of change of the residential address of the petitioner, the same will be intimated to the concerned Court by way of an affidavit.
Petition is disposed of.
Copy of this order be sent to the Superintendent, Mandoli Jail for communication to the petitioner.
MUKTA GUPTA, J.
AUGUST 17, 2018 neelam
BAIL APPLN. 1549/2018
2 of 2
1 issue framed by the court
Whether the petitioner should be granted bail in a charge containing Section 376 IPC where the accused alleges marriage to the prosecutrix and trial is delayed.
2 provisions across 1 enactments
Lov Kush @ Arun
State
Mukta Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
