SHAHID HUSSAIN vs STATE NCT OF DELHI & ANR.

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 29.07.2025 + BAIL APPLN. 2318/2025 SHAHID HUSSAIN .....Petitioner Through: Mr. Tusharjeet Singh, Advocate versus STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Nawal Kishore Jha, APP for the State with SI Naveen Kumar Ms. Ritu, Advocate for prosecutrix with prosecutrix in person. CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. In pre-lunch session, the matter was passed over at request of learned counsel for the prosecutrix. In this call, I have heard all present including the prosecutrix. 2. The accused/applicant, suffering incarceration since 27.02.2025, seeks regular bail in case FIR No. 95/2025 of PS Mahindra Park, New Delhi for offence under Section 376/384/506 IPC. 3. On behalf of the State, status report filed by learned APP is accepted across the board, to be scanned and made part of the record. 4. On behalf of the accused/applicant, it is argued that the prosecutrix is aged about 46 years and the overall complaint clearly shows that the relations between the prosecutrix and the accused/applicant were consensual BAIL APPLN. 2318/2025 Page 1 of 5 pages Signature Not Verified GIRISH Digitally signed by GIRISH KATHPALIA Digitally Signed KATHPALIA Date: 2025.07.29 18:12:53 +05'30' By:NEETU N NAIR Signing Date:29.07.2025 18:26:30 relations and the present case got registered because prosecutrix owed to the accused/applicant a sum of Rs. 50,000/- regarding which a complaint dated 12.01.2023 was lodged and the same culminated into a compromise dated 23.01.2023. It is further argued by learned counsel for the accused/applicant that the present complaint, lodged three years after the alleged incident does not inspire confidence. 5. Learned APP, in all fairness expresses no serious object