Bail granted to man accused of raping live-in partner. Court notes delay between last sexual intercourse and lodging of FIR

Tis Hazari Courts, Delhi: Ankur Jain, ASJ (SFTC-01), addressed a regular bail application filed under Section 439 of the Criminal Procedure Code.

In the present bail application, it was stated that the accused was in Judicial Custody since 3-07-2021.

It was submitted that the accused and complainant were in a live-in relationship. Complainant being a lady of about 47 years divorced for 17 years could not be fallen prey to the false promise of marriage.

Subhash Chouhan, Addl. PP for the State, objected to the bail application on the ground that allegations against the accused were serious in nature, accused absconded, hence process under Section 82 CrPC was issued against the accused.

Bench noted that the last incident of sexual intercourse between the complainant and the accused was on 6-12-2020, admittedly as per the complainant, they were in a live-in relationship.

FIR was lodged on 17-02-2021, hence there was a delay in the registration of the FIR.

Court granted bail to accused/applicant without commenting anything further, on a personal bond of Rs 50,000 with one surety like amount on the following terms and conditions:

i) Accused shall not contact or threaten the complainant or any other witness in any manner.

ii) The accused shall mark his presence on every second Saturday, of the first month, of every quarter, before IO/SHO concerned either physically or through any other mode which shall be the sole discretion of the IO / SHO.

iii) Accused shall provide his mobile number to the IO/SHO and shall remain present on the date fixed for trial.

[State v. Jagjit Singh, Bail Application No.: 2795, decided on 13-7-2021]

Advocates before the Court:

Sh. Subhash Chouhan, Ld. Addl. PP for the State.

Sh.G.S. Sachdeva, Ld. counsel for the accused/applicant (through VC).

Ms. Aarti Pandey, Ld. DCW counsel (through VC).

Complainant is present (through VC).

Naib Court HC Ankit Dahiya.