Delhi High Court
Sanjay Kumar vs State (Govt. Of Nct Of Delhi) on 22 November, 2017
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Order Reserved on: 8th November, 2017
Order Pronounced on:22ndNovember, 2017
+ BAIL APPL. 2169/2017 & Crl.M.A.17603/2017
SANJAY KUMAR .....Petitioner
Through: Mr. Kirti Uppal, Sr. Adv. with Mr.
Deepender Hooda, Mr. Sidharth Chopra,
Mr. Pranvir Sethi & Mr. Mohit Bhandari,
Advocates.
versus
STATE (GOVT. OF NCT OF DELHI) ....Respondent
Through: Mr. Hirein Sharma, APP for State with
SI Rakesh Yadav from P.S. Vasant
Vihar.
+ BAIL APPL. 2170/2017 & Crl.M.A.17605/2017
LALIT KUMAR TOKAS .....Petitioner
Through: Mr. Kirti Uppal, Sr. Adv. with Mr.
Deepender Hooda, Mr. Sidharth Chopra,
Mr. Pranvir Sethi & Mr. Mohit Bhandari,
Advocates.
versus
STATE (GOVT. OF NCT OF DELHI) ....Respondent
Through: Mr. Hirein Sharma, APP for State with
SI Rakesh Yadav from P.S. Vasant
Vihar.
CORAM:
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
1. The present petitions have been filed under Section 438 of the
Code of Criminal Procedure, 1973 (hereinafter referred to as
'Cr.P.C.') for seeking grant of anticipatory bail in
FIR No. 395/2017 under Sections 79/75 of the Juvenile Justice
(Care and Protection of Children) Act, 2015 & Sections 3/14 of the
Child Labour (Prohibition and Regulation) Act, 1986, registered at
PS, Vasant Vihar.
2. Brief facts of the case are that, a complaint was lodged on
20.09.2017 at the instance of NGO Butterflies as per which victims
Vikas Kumar aged about 16 years, Dilbar aged about 16 years and
Vimal Kumar aged about 14 years were rescued from Zile Singh
hostel at Munirka, New Delhi on 15.09.2017 by a child rescue
team with the aid of NGO Helpline. The victims have stated that
they were employed and made to do all household chores/works of
making food, washing utensils, cleaning, swiping etc; that they
were paid Rs 4,000/- each per month which is below the prescribed
minimum wages; that they were beaten if the work was not up to
the mark or not to their satisfaction or if they refused to do work;
that they were made to work for long hours i.e. more than the
standard working hours; that they were ill-treated and kept in
inhumane conditions; that they were not paid their adequate due on
time in respect of the work done.
3. Mr. Kirti Uppal, learned Senior Counsel for the petitioners
contended that the petitioners being innocent are implicated in a
false and frivolous case; that the petitioners have not committed
any offence as they were not aware of the fact that victims were
minors; that their parents themselves had requested the petitioners
to employ them so that victims could support their family with
regard to financial condition; that the age of victim Vimal Kumar
has been alleged in the FIR to be 14 years, however in the ration
card of victim his age is reflected as 20; that as the victim is a
major, no offence under the Child Labour (Prohibition and
Regulation) Act, 1986 and the Juvenile Justice (Care and
Protection of Children) Act, 2015 is made out; that victims were
not subjected to any physical violence, harassment or put to any
type of hazardous activity; that in the MLC of the victims, no
injury has been opined; that statements of victims have been taken
under coercion and influence with intention to settle scores with
petitioners; that FIR in question is out of complainant's grudges
against the petitioners and is arbitrary and imaginary to gain
mileage; that petitioners have already joined investigation and
undertakes to do so as and when required; that petitioners
undertakes not to tamper evidence or influence any witness; that
hence in the aforesaid circumstances anticipatory bail be granted to
the petitioners.
4. Mr. Hirein Sharma, learned APP for the Sate vehemently opposed
the anticipatory bail application of the petitioners and submitted
that the petitioners being owners of the hostel were well aware of
the fact that these victims are minor; that the petitioners by
violating statutory provisions, employed minors and made them
work in a barbaric manner; that the victims were beaten and made
to work for long hours; that there is chance of petitioners tampering
with the evidence; and hence in the aforementioned circumstances,
petitioners should not be granted anticipatory bail.
5. I have heard the arguments advanced by learned counsel for the
parties and perused the material available on record.
6. In the present case it is undisputed that the three victims namely,
Vikas Kumar, Dilbar and Vimal Kumar, were employed by the
present petitioners in their hostel. In their statements recorded
under Section 161 and Section 164 Cr.P.C., the victims have stated
that they were employed to do household work at the Hostel in
Munirka and were paid Rs.4000/- month; that they were made to
work from 6 a.m. to 12 p.m.; that on many occasions they were
also given beatings. Victims Vikas Kumar and Dilbar have also
stated that they are 16 years of age and the said fact has not been
disputed by the petitioners.
7. In the Age Estimation Report dated 15.11.2017, the age of victim
Vimal Kumar has been stated to be between 12-14 years. Therefore
the argument raised by the petitioners that as the victim Vimal
Kumar was a major no offence under the Child Labour (Prohibition
and Regulation) Act, 1986 and the Juvenile Justice (Care and
Protection of Children) Act, 2015 could be made out, holds no
ground.
8. Keeping in view the peculiar facts of the present case wherein three
victims below the age of 14 years have been employed in a hostel ;
nature and gravity of the allegations made against the petitioners
and other factors including severity of the punishment prescribed in
law, I find no sufficient ground to grant anticipatory bail to the
petitioners.
9. Accordingly the present petition stands dismissed.
10. Before parting with the above order, it is made clear that anything
observed in the present petition shall not have any bearing on the
merits of the case during trial.
CRL.M.A.17603/2017 & 17605/2017 (Exemption)
Allowed, subject to just exceptions.
Accordingly, the application is disposed of.
SANGITA DHINGRA SEHGAL, J
NOVEMBER 22, 2017
//gr
