SUBHASH ALIAS BABLI Vs. STATE

JUDGEMENT

(1.) PETITIONER seeks anticipatory bail. The case under Sections 363 and 376 of I.P.C. has been registered against him in P. S. Malviya Nagar. I have heard learned counsel for the parties. On behalf of the State, it is urged that the prosecutrix made statement under Section 164, Cr.P.C. before the Magistrate inculpating the petitioner. However, on behalf of the petitioner many photographs have been produced on record which prima facie indicate that the prosecutrix might have been a consenting party in going with the petitioner. However, it should not be taken as an expression of opinion because that can be formed only after the trial. Taking the totality of circumstances into consideration, the petitioner is admitted to anticipatory bail and in the event of his arrest, he shall be released on an anticipatory bail on furnishing a personal bond in a sum of Rs. 5,000/- with one surety of like amount to the satisfaction of the I.O./S.H.O. police concerned. The petitioner, however, will join the investigation as and when required by the police. The investigation authority must verify the authenticity of the photographs produced by the petitioner. Dasti. Petition allowed.