High CourtsSingle Bench

Satya Prakash vs State

Delhi High Court · Decided on 16 August 2018 · Citation: (2018) 08 DEL CK 0214

HON’BLE JUDGES
SANJEEV SACHDEVA, J
ACTS & SECTIONS REFERRED
Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 75, 79 · Code of Criminal Procedure, 1973 — Section 164
RESULT
Disposed Off
CASE NUMBER
BAIL APPLN. 1857 OF 2018 & CRL.M.A. 29370 OF 2018
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Judgment

21 paragraphs · 385 words

SANJEEV SACHDEVA, J. (ORAL)

1.

The petitioner seeks regular bail in FIR No. 330/2018 under Sections 75/79 of the Juvenile Justice Act, registered at Police Station Karol Bagh,

Delhi.

2.

The allegations against the petitioner in the FIR are that a raid was conducted by the SDM consequent to a complaint received from a

NGO/Salaam Balak Trust. During the raid two boys were found working in the Dhaba of the petitioner; one aged about 17 years of age and the other

aged about 18 years. As per the FIR, the boys were rescued and produced before the Child Welfare Committee.

3.

Learned Addl. PP submits that in the statements under Section 164 Cr. P.C., the children have not deposed anything against the petitioner and

stated that they have been voluntarily working.

4.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that no case is made out even from the bare

reading of the FIR. He submits that both the boys employed by the Dhaba owner were not children of tender age; one is aged 18 years old and the

other is aged 17 years and 8 months. He further submits that even as per the statement under Section 164 Cr. P.C., they have not stated anything

incriminating against the petitioner, rather they stated that they had been treated well and the working condition were also proper. He further submits

that the entire complaint made by the NGO is doubtful.

5.

Status report has been produced. However, the same does not bear the signature of the SHO. The same has been returned.

6.

The petitioner has been in custody since 10.07.2018.

7.

Arguments have been heard and record has been perused.

8.

Without commenting on the merits of the case and perusal of the record shows that the petitioner has made out a case for grant of bail.

Accordingly, petitioner is directed to be released on bail on his furnishing a bail bond in the sum of Rs. 25,000/- with one surety of the like amount to

the satisfaction of the concerned trial court. The petitioner shall not do anything which may prejudice either the trial or the prosecution witnesses.

9.

The petition is disposed of in terms of above.

10.

Order Dasti under signatures of the Court Master.