Shri Naresh Kumar vs The State Of N.C.T. Of Delhi
2018 Latest Caselaw 7294 Del

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                           Judgment delivered on: 11.12.2018
+      BAIL APPLN. 2073/2018
       SHRI NARESH KUMAR                             ..... Petitioner

                          versus

       THE STATE OF N.C.T. OF DELHI                  ..... Respondent
Advocates who appeared in this case:
For the Petitioner :      Mr.J.K.Sharma, Advocate.

For the Respondent :      Ms.Kusum DhallaAPP for the State with SI Ramesh
                          Kaushik, P.S.Crime Branch

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                                JUDGMENT

11.12.2018 SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks anticipatory bail in FIR No.304/2018 under Sections 195A/506/120B read with Section 75 of the Juvenile Justice Act at Police Station Aman Vihar (Now stands transferred to P.S.Crime Branch).

2. Allegations against the petitioner as well as his wife were levelled by his daughter contending that they had received money and were forcing her to depose falsely and retract her allegations made against another person against whom FIR under Section 376 IPC had been registered on her complaint.

3. Learned counsel for the petitioner points out that the Trial Court has

discharged the wife of the petitioner apart from two other co accused. He further submits that the prosecutrix is not traceable.

4. The petitioner was granted interim protection by order dated 28.09.2018 subject to joining investigation.

5. Learned APP for the State, under instructions, submits that the petitioner had joined investigation and the investigation qua the role of the petitioner is complete and there is no further requirement of the petitioner to join investigation. She further submits that the chargesheet is in the process of being finalised for filing in Court.

6. Without commenting on the merits of the case and keeping in view the totality of facts and circumstances and on perusal of the record, I am of the view that the petitioner has made out a case for grant of anticipatory bail.

7. Accordingly, it is directed that in the event of arrest, the arresting officer/IO/SHO shall release the petitioner on bail on his furnishing a bail bond in the sum of Rs. 10,000/- with one surety of the like amount to the satisfaction of the arresting officer/Investigating Officer/SHO concerned. Petitioner shall not do anything which may prejudice the trial or the prosecution witnesses. The petitioner shall join the investigation as and when so required by the Investigation Officer.

8. The Petition is disposed of.

9. From the perusal of the record, it transpired that the prosecutrix, who is aged 15 years, was sent to a Children's Home and from there she has been missing since 16.06.2018.

10. State is directed to file status report indicating the steps taken and the efforts made by them to trace out the missing child.

11. Let status report be filed within one week.

12. List for consideration on 19.12.2018.

13. Order Dasti under the signatures of the Court Master.

SANJEEV SACHDEVA, J DECEMBER 11, 2018 st