SURESH YADAV Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) Petitioner seeks regular bail in FIR No.145/2016 under Sections 376/417/497 IPC at Police station Nihal Vihar. Allegations in the FIR are that the complainant, who is already married, was unhappy with her husband and the petitioner became her friend and subsequently on false promise of marriage he made physical relationship with her. She has reiterated the statement in her statement under Section 164 Cr.P.C. as well as in her deposition before the court.

(2.) Learned counsel for the petitioner submits that from the statement it is apparent that the relationship was consensual. He further submits that the complainant was herself married and had not taken divorce from her husband and the allegation of false promise to marry her is baseless. He further submits that the testimony of the prosecutrix has already been completed.

(3.) The petitioner has been in custody since 16.02.2016. The statement of the prosecutrix is already over and out of 12 witnesses cited by the prosecution, only two witnesses have been examined and substantial time is likely to take place in completing the prosecution evidence.