High CourtsSingle Bench(2018) 02 DEL CK 0466

Amit Kotnala vs State (Nct Of Delhi)

Delhi High Court · Decided on 20 February 2018

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 2350 Of 2017

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Judgment

18 paragraphs · 329 words

Sanjeev Sachdeva, J

1.

The petitioner seeks Bail in case FIR No. 237/2017 under Sections 376/323/506/34 IPC, Police Station South-Rohini.

2.

The allegations in the FIR are that the petitioner on the pretext of marriage developed relationship with the complainant. It is contended that there is

also a child born from the relationship between the petitioner and the complainant. The petitioner is stated to have brought the complainant to his

parental house to live with him in Delhi and they resided together for nearly six years.

3.

Learned counsel for the petitioner contends that the petitioner had got married with the complainant as far back as on 13.01.2011 and there are

documents to evidence the fact that the petitioner has always been acknowledging the complainant as his wife. It is contended that even all documents

of the complainant show that she has been showing herself as wife of the petitioner. Reference is drawn to the Birth Certificate of the child which

shows the date of the registration of birth as 13.12.2011 in which the petitioner is shown as the father and the complainant as the mother of the child.

Learned counsel for the petitioner further submits that the parties got remarried on 22.09.2017, pursuant to the order of the Trial Court dated

14.09.2017.

4.

The complainant is present in court and identified by the investigation Officer, she submits that she wants the petitioner to come out of jail and

undertake his responsibilities.

5.

Without expressing any opinion on the merits of the case, in my view, it is a fit case for grant of bail to the petitioner.

6.

Subject to the petitioner furnishing a personal bond in the sum of Rs.25,000/- with a surety of the like amount to the satisfaction of the Trial Court,

the petitioner shall be released on bail, if not required in any other case.

7.

The Petition is disposed of in the above terms.

8.

Order Dasti under signatures of the Court Master.