VIKASH Vs. THE STATE OF DELHI

JUDGEMENT

(1.) The petitioner has made this application under Sec. 438 read with Sec. 482 Crimial P.C. for grant of anticipatory bail for the offence under Sec. 376 IPC. The allegations of prosecutrix are that she went to market with her daughter at about 10.00 p.m. She carried her mobile phone with her and received telephone call from one acquaintance viz. Vikash, who called her at certain place. When she reached there, Vikash put his hands around her shoulders and asked her to sit inside a car on back seat. Another friend of Vikash viz. Ashish was already inside the car. Thereafter, Vikash drove the car and Ashish sat along with her at the back seat. He kissed her and touched her private parts. Then the car was stopped and Ashish occupied the driving seat and Vikash came on the back seat. Her daughter remained on front seat. Now, Vikash took turn of kissing her, fondling her private parts and had intercourse against her wishes. After Vikash had done all this, the car was again stopped and Ashish came on back seat Vikash drove the car and the same thing was repeated by Ashish. Thereafter, she was taken to Rajouri Garden and asked to get down, where she refused to get down from the car and told that she be dropped at Tilak Nagar. When, she was being taken to Tilak Nagar, on the way, she stated that she and her daughter rolled down the windows of the car and cried from help.

(2.) Whatever be the credibility of the complainant, I consider that on the basis of such a statement of prosecutrix a person cannot be sent to jail. Whether it was a rape case or an intercourse by consent, will be determined by the trial Court so this Court does not want to comment further.

(3.) It is directed that in case of arrest, the petitioner be released on bail on, furnishing a personal bond of Rs. 50,000.00 with one surety of he like amount to the satisfaction of the SHO/IO concerned.