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(2022) Law Today Live Doc. Id. 17271
Decided on: 01.12.2022
For Petitioner(s):
Mr. Uday Gupta, Adv. Ms. Shivani M. Lal, Adv. Ms. Sanam Singh, Adv. Mr. Bhoopendra Kourav, Adv. Mr. M.K. Tripathi, Adv. Mr. Hiren Dasan, AOR Mr. Rajiv Ranjan, Adv. Mr. Rajeev Gupta, Adv
For Respondent(s):
Ms. Ankita Choudhary, AAG Mr. Pashupathi Nath Razdan, AOR Mr. Astik Gupta, Adv. Ms. Ayushi Mittal, Adv. Mr. Vipul Abhishek, Adv. Mr. Kuldeep Kumar Shukla, Adv. Mr. Akshat Shrivastava, AOR
Indian Penal Code, 1860 (45 of 1860), Sections 376B, 376(2)(N), 506, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Rape – Anticipatory bail -- Petitioner is a doctor in a government hospital where the complainant was allegedly working as a nurse -- FIR indicates that parties were in a physical relationship since May 2016 -- FIR was lodged in October 2017 -- In the facts and circumstances of the case, custodial interrogation is not required – Direction given in the event of the arrest of the petitioner, he shall be released on bail.
(Para 1-6)
ORDER
1. The High Court has declined anticipatory bail to the petitioner in connection with Crime No 827 of 2017 registered at PS Dindori Kotwali for offences punishable under Sections 376B, 376(2)(N) and 506 read with Section 34 of the Indian Penal Code.
2. The petitioner is a doctor in a government hospital where the complainant was allegedly working as a nurse.
3. The FIR indicates that parties were in a physical relationship since May 2016. The FIR was lodged in October 2017.
4. By an order dated 9 August 2018, this Court while issuing notice stayed the arrest of the petitioner.
5. In pursuance of the order issuing notice, the State and the complainant have appeared through their counsel.
6. In the facts and circumstances of the case, we are of the view that custodial interrogation is not required. We order and direct that in the event of the arrest of the petitioner, he shall be released on bail subject to such terms and conditions as may be imposed by the trial court.
7. The Special Leave Petition is accordingly disposed of.
8. Pending applications, if any, stand disposed of.
Order accordingly.
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