MAHENDER SWAMI Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) By way of this order, I shall dispose of the present petition filed under Section 439 Cr.P.C. on behalf of the petitioner for grant of bail in case FIR No. 0279/2017 U/s 328/365/376-D IPC, P.S. Kirti Nagar (Distt. West), New Delhi.

(2.) Briefly stated, the facts of the case are that on 24.08.2017 on receiving DD No. 14-A SI Asha Singh reached at E.S.I. Hospital, Basai Dara Pur, Delhi, where she found the victim admitted vide MLC No. 524/17. The victim was not in a position to give the statement. Therefore, on the basis of DD No. 14-A and as per the contents of the MLC, the present FIR was registered. In her MLC, the victim gave the alleged history of kidnapping on 8 July 2017 by 4 people from Kirti Nagar by auto after inhalation of drug and then she was gang raped 5-7 times at unknown place, thereafter, she was left at her home.

(3.) I have heard the Ld. counsel for the petitioner, Ld. APP for the state and have also gone through the records of this case.