$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI VIMAL KUMAR .....Appellant Through: Mr. M.L. Yada, Mr. Prashant, Mr. Harish Chand, Mr. Anant Chitoria and Mr. Deepak Ahlawat, Advocates versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Shoaib Haider, APP for the State with SI Anuradha Prosecutrix through VC CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 17.12.2025 CRL.M.(BAIL) 2034/2025

1. Application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 389 Cr.P.C. has been filed on behalf of the Applicant-Vimal Kumar seeking suspension of sentence during the pendency of the Appeal.

2. The Prosecutrix is present through VC who admits that she had met with the Applicant while she was pursuing the B.Ed and was seeking his assistance in helping her to clear the B.Ed. Then both even got engaged with the consent and approval of the family members and their marriage was finalized. However, soon before the marriage was to be solemnized, differences arose and the marriage got cancelled. Thereafter, she and the Applicant had met and gone to Dwarka Court for Court marriage. However, while they were going for performance of marriage at Arya Samaj Mandir, she was told by the Applicant that he was married and he had one daughter and consequently, the FIR got registered.

3. Learned Counsel for the Applicant states that all throughout the trial, he had been on Bail. Furthermore, a reference is made to Order dated 17.04.2017 wherein while granting Bail, the Court had noted that essentially it was a consensual relationship. It is submitted that in the aforesaid circumstances, the sentence be suspended.

Submissions heard and record perused.

4. Considering the background of the case and also that the Applicant is presently in judicial custody since 13.08.2025 and prior to that too, he had been in judicial custody for about 07 months.

5. Considering the totality of circumstances, the sentence of the Applicant is suspended, till the pendency of the Appeal, subject to the following conditions:-

a) The Applicant shall furnish a personal bond in the sum of Rs.35,000/- with one Surety of the like amount to the satisfaction of the trial court/Duty Magistrate and further subject to the condition that the Petitioner/accused and the surety of the Petitioner, will keep his mobile phone in active mode during the period of suspension of sentence so that if required the Petitioner /accused may be contacted.

b) In case of change of residential address and/or mobile phone number, the same will be intimated to this Court.

6. The fine be deposited within 07 days before the learned Trial Court.

7. The Application is disposed of accordingly.

8. Copy of this Order be sent to the concerned Jail Superintendent for information and necessary compliance.

9. List for arguments on 06.05.2026.

NEENA BANSAL KRISHNA, J DECEMBER 17, 2025 N