Allowed

Hukam Chand v. NCT of Delhi

Delhi HC6 Jul 2018BAIL APPLN./418/2018

Case brief

AI extract

What is this about?

The Delhi High Court granted anticipatory bail to the petitioner in an FIR alleging rape and gargling. The court noted the petitioner was already on interim protection and found no indication of witness intimidation, allowing a grant of bail with standard conditions.

What did the court decide?

Anticipatory bail granted; direction to release on personal bond of Rs. 25,000 and a surety bond of like amount.

Hukam Chand Vs NCT of Delhi — Bail and Remand | Delhi HC (2018)

¶1

$~22

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- BAIL APPLN. 418/2018

¶4

HUKAM CHAND ..... Petitioner Represented by: Mr.J.S.Malik, Advocate

¶5

versus

¶6

NCT OF DELHI ..... Respondent Represented by: Ms.Meenakshi Chauhan, APP for the State with SI Neeraj Kumar, PS Gazipur, Delhi

¶7

CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA

¶8

O R D E R % 06.07.2018

¶9

By this petition, the petitioner seeks anticipatory bail in case FIR No.256/2017 under Section 376/354 IPC registered at PS Gazipur. The abovnoted FIR was registered on 20^th August, 2017 on the complaint of the prosecutrix who alleged that since she was not conceiving, her mother inlaw and her husband took her to the petitioner who asked her to sit before him in a dark room and her mother-in-law and husband were directed to wait outside. Thereafter the petitioner made her stand in front of him and handed over a coin to her and taking back the coin from her hand, he started rolling the coin all over her body and touched her private parts with ill intention. On returning home, she told her mother-in-law and in the evening, her parents came, whereafter she lodged the complaint.

¶10

page 1 of 2

¶11

BAIL APPLN. 418/2018

¶12

In her statement under Section 164 Cr.P.C. the prosecutrix in addition to the allegations as noted above also alleged that the petitioner inserted his finger in her vagina. Charge sheet was filed against the petitioner without arrest.

¶13

Statement of the prosecutrix has since been recorded before the Court. Since the petitioner is no more required for investigation, is on interim protection since 21^st February, 2018 and there is no allegation that he influenced the prosecutrix or any other witness, this Court deems it fit to grant anticipatory bail to the petitioner. It is, therefore, directed that in the event of arrest, the petitioner be released on bail on his furnishing a personal bond in the sum of ₹25,000/- with one surety bond of the like amount to the satisfaction of the Arresting Officer/SHO concerned. The petitioner will not leave the country without the prior permission of the Court concerned.

¶14

Petition is disposed of.

¶15

Order dasti.

MUKTA GUPTA, J.

JULY 06, 2018

mamta

page 2 of 2

BAIL APPLN. 418/2018

Hukam Chand v. NCT of Delhi

Case brief

What is this about?

What did the court decide?

Hukam Chand v. 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

Coram

Case details

Similar cases

Md. Saheen Abbas @ Shanu Vs State

Aslam Khan Vs State (Govt. of NCT of Delhi)

Suraj Pal Vs State

Rakesh Kumar Vs State

Rohit Sehgal Vs Directorate of Enforcement New Delhi

Poonam Tiwari Vs the State (Nct of Delhi)