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Sunny vs State (Nct Of Delhi)

Delhi High Court · Decided on 13 February 2018 · Citation: (2018) 02 DEL CK 0362

HON’BLE JUDGES
Sanjeev Sachdeva, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 354, 376 · Code Of Criminal Procedure, 1973 — Section 164 · Protection Of Children From Sexual Of fences (POCSO) Act, 2012 — Section 8
RESULT
Allowed
CASE NUMBER
Bail Application No. 2588 Of 2017
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Judgment

21 paragraphs · 374 words

Sanjeev Sachdeva, J

Crl. M.A. 20804/2017(exemption)

Allowed, subject to all just exceptions.

BAIL APPLN. 2588/2017

1.

The petitioner seeks a Regular Bail in FIR No.571/2017 under Sections 367/354/34 IPC & Section 8 POCSO Act.

2.

The complaint is lodged by the mother of the victim. The allegation against the petitioner is that the petitioner along with one co-accused pulled the

victim onto his motor-cycle and thereafter took her to some distance and misbehaved with her and thereafter left her when she started screaming.

3.

Learned counsel for the petitioner submits that the alleged distance which the petitioner is alleged to have travelled is over

25 Kms. and it is practically impossible for someone to pull a girl onto a motor-cycle. Further, it is submitted that there is contradiction in the statement

recorded under Section 164 of the Code of Criminal Procedure of the complainant and the victim.

4.

Learned counsel for the petitioner submits that the alleged victim was a friend of the petitioner and used to roam around with the petitioner and she

has written several love letters to the petitioner, which are available with the petitioner including a letter in which she has used her own blood to write

“sorry, I love youâ€​. It is contended that the complaint has been lodged at the behest of the family members.

5.

It is also pointed out by the learned Additional Public Prosecutor that the charge sheet has already been filed.

6.

On perusal of the record, I am of the view that Petitioner has made out a case for grant of Bail. Further, the investigation is complete and charge

sheet has already been filed and trial is likely to take substantial time. No purpose would be served in incarcerating the petitioner any further.

7.

Accordingly, the petition is allowed. The petitioner is directed to be released on bail on furnishing a bail bond in the sum of Rs.25,000/- with one

surety of the like amount to the satisfaction of the Trial Court.

8.

The petitioner shall not do anything, which shall prejudice either the trial or the prosecution witnesses and the petitioner shall not make any attempt

to contact the complainant or the victim.

9.

Order Dasti under signatures of the Court Master.