Anticipatory bail granted to rape accused.

In the case of Roshan v. state,( BAIL APPL. 2108/2020), The High Court of Delhi, has granted anticipatory bail to the accused who was married to the prosecuterix.

Justice Manoj Kumar Ojha, single Judge Bench of the High Court of Delhi stared that the mother of the prosecutrix did not oppose this bail. The FIR was registered against the accused under Sections 376/313 of the Indian Penal Code. The petitioner mentioned that this FIR was recorded on a misunderstanding and wanted to re-record the statement. It was contended that the incident is said to have been committed in the months of January, 2020 till June, 2020, but the FIR was registered late in the Month of July, 2020.

Quoting the order:
“2.Learned counsel for the petitioner submits that the present FIR has
been lodged on account of misunderstanding between the parties and the
complainant has already given request for re-recording of her statement
under Section 164 Cr.P.C. He further submits that the petitioner is a
Government servant. It is also submitted that in pursuance of the previous
orders, the petitioner has joined investigation. It is further submitted that
although the alleged incident was committed between the period from
January, 2020 to June, 2020, however, the FIR came to be registered only
on 12.07.2020.
3. Ms. Meenakshi Chauhan, ld. APP for the state has opposed the bail application. It is stated that the prosecutrix has supported her allegations
in her statement recorded under Section 164 Cr.P.C.
4. The prosecutrix as well as her mother have joined the V.C.
proceedings and have been identified by the I.O./SI Renu, P.S.
Bhajanpura. The mother of the prosecutrix submits that the petitioner has
married the prosecutrix and she has no objection if the petitioner is
released on anticipatory bail. “

The court ordered the grant of anticipatory bail to the rape accused on hearing contentions of both the parties

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