Delhi High Court
Dilshad @ Moni & Ors. vs State on 16 November, 2018
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 16.11.2018
+ BAIL APPLN. 2016/2018
DILSHAD @ MONI & ORS. ..... Petitioners
versus
STATE ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. M.N.Dudeja, Adv.
For the Respondent : Ms.Kusum Dhalla, APP with SI Poonam Tomar,
P.S.Geeta Colony.
Mr.Sitab Ali Chaudhary, Adv. for the complainant.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
16.11.2018
SANJEEV SACHDEVA, J. (ORAL)
1. Ms. Anu Narula, Advocate has been appointed by Delhi High
Court Legal Service Committee. The prosecutrix who is present in
Court in person submits that she has engaged private counsel - Mr.
Sitab Ali Chaudhary, Advocate who is also present in Court.
2. In view of the fact that the prosecutrix has appointed a private
counsel, Ms. Anu Narula, Advocate, appointed by DHCLSC is
discharged.
3. Petitioners seek anticipatory bail in FIR No.246/2018 under
Sections 323/354D/506/34 IPC read with Section 12 POCSO.
4. The allegations in the FIR are that the petitioners had followed
the prosecutrix and thereafter slapped her, held her hand with the
intention of coercing her mother to vacate the property.
5. Learned counsel for the petitioners submits that the petitioners
have been falsely implicated. Further, he contends that the allegations
in the FIR specifically state that no obscene conduct was done by the
petitioners. He submits that sections of IPC are all bailable and
offence under Section 12 POCSO is not made out as there are no
allegations that the alleged conduct of the petitioners was with any
sexual intent so as to satisfy the requirements of Section 11 POCSO.
6. Further, learned counsel for the petitioners submits that the
alleged incident is of 19.03.2018 and the complaint has been lodged
on 07.08.2018 and there is an unexplained delay in lodging of the
complaint.
7. Petitioners were granted interim protection by order dated
29.08.2018 subject to joining investigation.
8. Status report has been filed which confirms that the petitioners
did join investigation. Status report further shows that the
investigation is complete and charge sheet without arrest has already
been filed.
9. Learned counsel appearing for the complainant submits that the
prosecutrix who is a minor is apprehensive for her well being.
10. Keeping in view the facts and circumstances of the case and
also the fact that the petitioners had joined investigation and
investigation is complete and charge sheet has already been filed, I am
of the view that petitioners have made out a case for grant of bail.
11. Accordingly, it is directed that on each of the petitioners
furnishing a bail bond in the sum of Rs. 10,000/- each with one surety
each of the like amount to the satisfaction of the Trial Court, the
petitioners shall be released on Bail.
12. Investigating Officer is directed to provide her personal mobile
number to the mother of the prosecutrix who may contact the
Investigating Officer in case there is any apprehension. Further the
SHO of P.S. Geeta Colony is directed to ensure that a lady constable
keeps regular touch with the mother of the prosecutrix to ensure that
there is no apprehension of fear.
13. Petition is disposed of in the above terms.
14. Order Dasti under signatures of the Court Master
NOVEMBER 16, 2018 SANJEEV SACHDEVA, J
rk
