Anticipatory bail application in a rape and stalking FIR where the petitioner claimed a consensual marriage with the complainant supported by a marriage certificate. The court noted photographs showing no apparent coercion and granted anticipatory bail with conditions including bond and cooperation.
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Through: Mr. Umesh Sharma, Ms. Shivani, Mr. Ritesh Kaushik and Mr. Peeyush Kaushik, Advocates.
versus
THE STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Shoaib Haider, APP for the State with SI Renu, PS Wazirabad, Delhi. Mr. Raj Kumar, Ms. Shivangi Singh, Ms. Sangita Chauhan and Mr. Ashok, Advocates for the Complainant.
CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:04:02
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:04:02
refused to accept their marriage, as she belongs to Brahmin family whereas the Applicant belongs to a Gujjar family. She also told that her parents were compelling her to file a Complaint against him if he insisted on residing with her.
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:04:02
Writ Petition filed by the Complainant. It is submitted that here is a case not only of stalking but also of taking advantage of the Complainant by putting her under fear and threat. Bail Application is, therefore, opposed.
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:04:02
the Investigating Officer/Arresting Officer, subject to the following conditions:-
(i) The Petitioner shall furnish a personal bond in the sum of Rs.35,000/- with one surety in the like amount to the satisfaction of the Investigating Officer/Arresting Officer. (ii) The Petitioner shall join the investigations, as and when called by the Investigating Officer and shall co-operate during the investigations.
(iii) The Petitioner shall furnish his cellphone number to the Investigating Officer on which he may be contacted at any time and shall ensure that the number is kept active and switched-on at all times.
(iv) The Petitioner shall not contact, nor visit, nor offer any inducement, threat or promise to any of the prosecution witnesses or other persons acquainted with the facts of case.
(v) The Petitioner shall not tamper with evidence nor otherwise indulge in any act or omission that is unlawful or that would prejudice the proceedings in the pending trial.
NEENA BANSAL KRISHNA, J
MAY 2, 2025/RS
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:04:02
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in FIR under Sections 376/354D/506 IPC given prima facie evidence of marriage between petitioner and complainant.
2 provisions across 2 enactments
Lal Chand
THE STATE GOVT. OF NCT OF DELHI
NEENA BANSAL KRISHNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
