This court granted bail to the petitioner in a rape case. The court noted the prosecutrix alleged timely friendly relations with the petitioner and the significant delay in the FIR. Bail was granted subject to a personal bond.
Petitioner admitted to bail subject to furnishing a personal bond of Rs. 20,000 with one surety in the like amount.
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AJAY KUMAR KHANWAR ..... Petitioner Through: Mr.Harsh Prabhakar with Mr.Rohit Bansal, Advs.
versus
THE STATE OF NCT OF DELHI ..... Respondent Through: Ms. AashaTiwari, APP for the State. S.I. Pooja, P.S. Ranhola.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK O R D E R
% 06.07.2018
Learned counsel for the petitioner states that the prosecutrix was having friendly relation with the petitioner. She used to make telephone calls to the petitioner regularly which she has admitted in the cross examination.
As per the prosecution story, the prosecutrix was raped on 23.12.2016, however, the F.I.R. was lodged on 15.01.2017 after the delay of 236 days. It is contended that even after 23.12.2017, the prosecutrix was talking with the petitioner on mobile phone, CDRs have been annexed.
The petitioner is in custody for more than one year. Prosecutrix and her uncle have also been examined.
Keeping in mind the totality of facts and circumstances of this case, petitioner is admitted to bail, subject to his furnishing a personal bond in the sum of `20,000/- with one surety in the like amount to the satisfaction of the trial court.
Application is disposed of in the above terms. Dasti.
A.K. PATHAK, J
JULY 06, 2018 Bisht
2 issues framed by the court
Whether the petitioner is eligible for bail in a rape case with significant delay in FIR and allegation of continued contact with the accused.
Whether the allegations of friendly relationship between the petitioner and the prosecutrix are sufficient to grant bail.
Ajay Kumar Khanwar
The State of NCT of Delhi
A.K. Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
