ABUZAR vs STATE GOVT. OF NCT OF DELHI

Crl.M.A.8526/2018 (exemption)

Exemption is allowed subject to all just exceptions. BAIL APPLN. 1027/2018

Petitioner seeks regular bail in FIR No.263/2013 under Sections 376/506 IPC and Sections 4/6 of POCSO Act, Police Station Jamia Nagar.

Petitioner was granted regular bail by the Trial Court on 06.04.2017. Thereafter, the trial was progressing. However, on 07.07.2017, since the

petitioner failed to appear, non-bailable warrants were issued.

The petitioner, on 17.07.2017, appeared before the Trial Court and applied for cancellation of non-bailable warrants. The ground cited by the

petitioner, for non appearance, was that he was suffering from typhoid and, as such, could not appear before the Trial Court on 07.07.2017. The Trial

Court while observing that the certificate pertained to a period of one week from 22.06.2017 declined to accede to the request of the petitioner for

cancellation of the non-bailable warrants and took the petitioner in custody and remanded him to judicial custody. The petitioner has been in custody

since then.

Learned counsel for the petitioner submits that the petitioner was suffering from typhoid and, as such, could not appear before the Court only on

one date. However, he appeared before the Court on 17.07.2017 and duly applied for recall of the said order of issuance of non-bailable warrant.

Learned counsel for the petitioner on behalf of the petitioner undertakes to appear before the Trial Court as and when the matter is listed before the

Trial Court.

Keeping in view the facts and circumstances of the case and the fact that the petitioner had earlier been released on bail on 06.04.2017 and, on

account of non-appearance of one date, has been taken in custody, I am of the view that it is a fit case for grant of regular bail to the petitioner.

Accordingly, on petitioner furnishing a bail bond in the sum of Rs. 20,000/- with one surety of the like amount to the satisfaction of the trial court,

the petitioner is directed to be released on bail, if not required in any other case. The petitioner shall duly appear before the Trial Court as and when

the case is listed before the Trial Court. The petitioner shall not do anything which may prejudice either the investigation or the prosecution witnesses.

The petitioner shall not make any endeavour to contact the prosecutrix or her family members.

Order Dasti under the signatures of the Court Master.