Vikash Kumar vs State Of Nct Of Delhi And Anr on 15 September, 2023

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Delhi High Court - Orders

Vikash Kumar vs State Of Nct Of Delhi And Anr on 15 September, 2023

Bench: Rajnish Bhatnagar

$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3320/2022
VIKASH KUMAR ..... Petitioner
Through: Ms. Sujata Ray, Advocate.

versus

STATE OF NCT OF DELHI AND ANR. ..... Respondents
Through: Mr. Raghuinder Verma, APP for the
State with SI Sema and ASI Sushma,
PS Najabgarh.
Mr. Pankaj Tripathi, Advocate
(DHCLLSC) for R-2/Victim.
Mr. Gaurav Sharma, Advocate for R-
2/Victim.
Victim/R-2 along with her father in-
person.
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER

% 15.09.2023

1. At the outset, Mr. Pankaj Tripathi, Advocate (DHCLSC) appearing for the victim/respondent no. 2 seeks discharge as the victim/respondent no. 2 has engaged a private counsel.

2. In view of the fact that victim/respondent no. 2 has now engaged a private counsel, Mr. Pankaj Tripathi, Advocate (DHCLSC) is discharged from the present case.

3. The present petition has been filed under Section 439 Cr.P.C. by the petitioner seeking regular bail in case FIR No.32/2019 under This is a digitally signed order.

4. In brief the facts of the case are that on 19.01.2019, the father of the victim lodged a complaint regarding his missing daughter and on the basis of this information by the complainant/father of the victim, a case was registered under Section 363 IPC and the search of the missing daughter of the complainant was conducted. Subsequently, the daughter of the complainant was recovered from village Mahua, Dist. Supal, Bihar and she was brought back to Delhi where the medical examination of the victim was conducted and later on, she was produced before the learned Magistrate where her statement under Section 164 Cr.P.C. was also recorded, wherein, she stated that due to ill treatment by her mother, she eloped with the present petitioner, namely, Vikas, who lived as a tenant in the house of the victim. She further stated in her statement that she went along with the petitioner to his grandmother's house where the petitioner and the victim solemnized their marriage and on 08.03.2019, they both went to the village of the petitioner. During the course of the investigation, another statement under Section 164 Cr.P.C. was recorded and Section 376 IPC was added on 05.09.2021.

5. It is submitted by learned counsel for the petitioner that petitioner is in judicial custody since 17.07.2022 and is being falsely implicated in this case. It is further submitted that the victim has already been examined in learned Trial Court and she has not supported the case of the prosecution and, furthermore, in the Statement under Section 164 Cr.P.C. recorded on 04.04.2019, the 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 18/09/2023 at 22:04:27 victim did not level any allegation against the petitioner and admitted that she was major on the basis of her Aadhaar Card. However, on 24.08.2020, i.e., after 1 ½ years, her Statement under Section 164 Cr.P.C. was recorded again wherein she made allegations of rape against the petitioner. It is further submitted that when the victim was cross examined on 26.11.2022, she supported the version of statement given by her under Section 164 Cr.P.C. on 24.08.2020 but subsequently on 04.02.2023, when she was called for further cross- examination, she has not owned her cross-examination which was conducted on 26.11.2022. It is further submitted that at various stages, the victim has taken different stands and her testimony is also not consistent, moreover, there is a delay of more than 1 ½ years in leveling the allegations of rape against the present petitioner. It is further submitted that testimony of the victim has been recorded, therefore, there are no chances of tampering with the evidence or threatening the witnesses and thus, no purpose would be served by keeping him in judicial custody.

6. On the other hand, it is submitted by learned APP, while opposing the present bail application, that the allegations against the petitioner are grave and serious in nature. It is further submitted that the victim was a minor girl of 17 years at the time of the incident.

7. The victim along with her father are present in person in the Court today. It is submitted by learned counsel for the victim that the victim/respondent no. 2 and the petitioner are relatives and due to this, the father of the victim as well as the victim do not want to take any action against the petitioner. It is further submitted by him that the This is a digitally signed order.

8. Be that as it may, in the instant case, material witness, i.e., the victim has already been examined. At this stage, without giving any opinion on the statement of the victim and her father that they do not wish to take any action against the petitioner and looking into the fact that the victim has been inconsistent in her statements, impact and effect of which would be seen during the trial but at this stage the facts entitle the petitioner to be released on bail. Therefore, the bail application is allowed and the petitioner, who is in judicial custody since 17.07.2022, is admitted to bail on the following conditions:-

i. The Petitioner shall furnish personal bond in the sum of ₹20,000/- with one surety in the like amount to the satisfaction of the concerned trial court;

ii. The petitioner shall provide his mobile phone number to the Investigating Officer (IO) concerned - at the time of release, which shall be kept in working condition at all times. The petitioner shall not switch-off, or change the same without prior intimation to the IO concerned, during the period of bail; iii. The petitioner shall not leave the NCT of Delhi without the prior permission of the concerned trial court; iv. The petitioner shall not indulge in any criminal activity during the bail period.

9. The application stands disposed of in the aforesaid terms.

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 18/09/2023 at 22:04:28

10. Needless to say that nothing stated hereinabove shall tantamount to the expression of any opinion on the merits of the case.

RAJNISH BHATNAGAR, J SEPTEMBER 15, 2023 p 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 18/09/2023 at 22:04:28

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Delhi High Court - Orders