The Delhi High Court recently granted anticipatory bail to a rape accused who subsequently married the prosecutrix (Roshan vs State)..The order was passed by a Single Judge Bench of Justice Manoj Kumar Ohri taking into account the fact that the prosecutrix's mother did not raise any objections to the same.An FIR was registered against the petitioner under Sections 376/313 of Indian Penal Code (IPC). .The petitioner said that the FIR was lodged on account of a misunderstanding between the parties and the complainant had already given a request for re-recording her statement under Section 164 of the Code of Criminal Procedure (CrPC). .Petitioner added that he was a government servant and had even joined the investigation. .It was further submitted that although the alleged incident was committed between the period from January 2020 to June 2020, the FIR came to be registered only in July. .State opposed the grant of anticipatory bail on the ground that the prosecutrix had supported the allegations in her statement recorded under Section 164 CrPC. .The mother of the prosecutrix, however, submitted that the petitioner had married the prosecutrix and thus, she had no objection if the petitioner was released on anticipatory bail. .Therefore, keeping in view the totality of the facts and circumstances, the Court decided to grant anticipatory bail to the petitioner. .In the event of his arrest, the Court said that the petitioner shall be released on anticipatory bail on a personal bond in the sum of Rs 25,000 with one surety in the like amount to the satisfaction of the concerned Officer. .Amongst other things, the Court has also directed the petitioner to join the investigation as and when required and to regularly appear before the trial court as and when the charge-sheet is filed..Advocate Lokesh Kumar Mishra appeared for the petitioner. .APP Meenakshi Chauhan appeared for State. .[Read Order]
The Delhi High Court recently granted anticipatory bail to a rape accused who subsequently married the prosecutrix (Roshan vs State)..The order was passed by a Single Judge Bench of Justice Manoj Kumar Ohri taking into account the fact that the prosecutrix's mother did not raise any objections to the same.An FIR was registered against the petitioner under Sections 376/313 of Indian Penal Code (IPC). .The petitioner said that the FIR was lodged on account of a misunderstanding between the parties and the complainant had already given a request for re-recording her statement under Section 164 of the Code of Criminal Procedure (CrPC). .Petitioner added that he was a government servant and had even joined the investigation. .It was further submitted that although the alleged incident was committed between the period from January 2020 to June 2020, the FIR came to be registered only in July. .State opposed the grant of anticipatory bail on the ground that the prosecutrix had supported the allegations in her statement recorded under Section 164 CrPC. .The mother of the prosecutrix, however, submitted that the petitioner had married the prosecutrix and thus, she had no objection if the petitioner was released on anticipatory bail. .Therefore, keeping in view the totality of the facts and circumstances, the Court decided to grant anticipatory bail to the petitioner. .In the event of his arrest, the Court said that the petitioner shall be released on anticipatory bail on a personal bond in the sum of Rs 25,000 with one surety in the like amount to the satisfaction of the concerned Officer. .Amongst other things, the Court has also directed the petitioner to join the investigation as and when required and to regularly appear before the trial court as and when the charge-sheet is filed..Advocate Lokesh Kumar Mishra appeared for the petitioner. .APP Meenakshi Chauhan appeared for State. .[Read Order]
