Delhi High Court
Bharat vs The State on 19 October, 2022
- 1 -Neutral Citation Number is 2022/DHC/004418
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
BEFORE
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
+ BAIL APPLN. 2627/2022
Between:-
SH. BHARAT
S/O SH. PAPPU
R/O H. NO. 3/1339, H-3 BLOCK
JAHANGIR PURI,
DELHI-110033
THROUGH ITS PEROKAR
SH. PAPPU
S/O LATE MOMAN
R/O H.N.3/1339, H-3 BLOCK
JAHANGIR PURI,
DELHI-110033
.....PETITIONER
(Through: Mr. Anuj Aggarwal, Advocate.)
AND
THE STATE
(GOVT. OF NCT OF DELHI)
THOUGH ITS CHIEF PUBLIC PROSECUTOR
HIGH COURT OF DELHI AT
NEW DELHI ..... RESPONDENT
(Through: Mr. Pradeep Gahalot, APP for the State with
SI Sanjeeta.)
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% Pronounced on : 19.10.2022
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Signature Not Verified
Digitally Signed
By:PRATIMA
Signing Date:20.10.2022
18:57:17
- 2 -Neutral Citation Number is 2022/DHC/004418
JUDGMENT
1. This is the application under Section 439 of the Code of
Criminal Procedure, 1973 (in short, Cr.P.C.) in connection with FIR
No.517 of 2022 for the offences punishable under Sections
363/366/376/323/384 of the Indian Penal Code, 1860 (in short, IPC)
and Section 06 of the Protection of Children from of Sexual Offences
Act, 2102 (in short, POCSO Act).
2. Learned counsel appearing on behalf of the applicant submits
that the applicant is in judicial custody since 01.06.2022. According to
him, the applicant is innocent and has been falsely implicated in the
instant case. The prosecutrix in the instant case is a niece of the
applicant. The applicant is aged about 19 years and the applicant being
under bona fide believes that the prosecutrix is also major and has
developed friendly relations with her. While placing reliance on
various WhatsApp chats and photographs, he states that the
prosecutrix was very happy in the company of the applicant and the
prosecutrix was in a relationship with the applicant. According to him,
the investigation in the instant case is complete. The chargesheet has
already been filed. No custodial interrogation of the applicant is
required. There is no other criminal case against the applicant. He
further states that even the prosecutrix in her statement before the
police had accepted that she joined the company of the applicant as
per her own will, however, later on, on account of the pressure being
built up by her family members, she has made allegations against the
applicant including the allegation of extending threat etc. Whereas, the
applicant is in continuous custody right from 01.06.2022 and there is
no reason to cause any threat to the prosecutrix.
3. The learned APP has filed a status report and also served the
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Digitally Signed
notice of the application on the prosecutrix. The prosecutrix appeared
By:PRATIMA
Signing Date:20.10.2022
18:57:17
- 3 -Neutral Citation Number is 2022/DHC/004418
with a learned APP. Learned APP has opposed the application while
placing reliance on the status report. According to the status report on
the complaint of the mother of the prosecutrix regarding missing of
the prosecutrix since 27.05.2022 and on raising apprehension against
the present applicant, an FIR in question has been registered for the
offence punishable under Section 363 of the IPC. On 31.05.2022
parents of the prosecutrix themselves brought the prosecutrix and the
applicant to the police station. Based on the statement of the
prosecutrix, offences punishable under Sections 366, 376 of the IPC
and Section 06 of the POCSO Act were added. Statement of the
prosecutrix under Section 164 Cr.P.C. was recorded on 01.06.2022. A
certified copy of her school register has also been obtained which
reflects the date of birth of the prosecutrix as 26.05.2005. All the
exhibits were deposited in the FSL, Rohini for further DNA
examination on 10.06.2022. After the investigation chargesheet has
been filed. As per the status report, there is no previous criminal
involvement of the accused.
4. This court has considered submissions made by the learned
counsel appearing on behalf of the parties and has perused the record.
5. The reply to the bail application filed by the learned APP dated
01.06.2022 before the court below states that on 31.05.2022, on the
production of the prosecutrix by her parents, she was examined. The
prosecutrix on her examination had stated that she was in a
relationship with her uncle, namely, Bharat (present applicant) since
04-05 months. On 26.05.2022, the applicant called her telephonically
and told her that they both would elope from home on the following
day. It is stated by her that she was extended threat if she would not
accept his proposal. She on account of the threat had taken some
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money from her home and went to the house of the friend of the
By:PRATIMA
Signing Date:20.10.2022
18:57:17
- 4 -Neutral Citation Number is 2022/DHC/004418
applicant in Raghubir Nagar, Delhi. They stayed there for the whole
day. They thereafter left for Haridwar and got married and came back
to Raghubir Nagar on 28.05.2022. According to her, the applicant
established physical relation with her in the night of 30.05.2022. This
court has also perused the WhatsApp conversations and the
photographs etc. brought on record by the applicant. It is seen that the
instant case appears to be consensual. This court is not oblivious of the
fact that the consent would not absolve the applicant from the rigour
of Section 375 of the IPC when the prosecutrix is under 18 years of
age. Nevertheless, the overall facts and circumstances of the case
show that the investigation in the instant case is already over. The
chargesheet has also been filed. The trial will take sufficient time for
its conclusion and the applicant cannot be kept in jail for the entire
duration of the trial.
6. Under the aforesaid circumstances without commenting
anything on the merits of the case and taking into consideration the
overall facts and circumstances of the case, this court finds it
appropriate to enlarge the applicant on bail on his furnishing a
personal bond in the sum of Rs.15,000/- with one surety of the like
amount, subject to the satisfaction of the trial court and subject to the
following further conditions:-
(i) In case of a change of residential address or contact details, the
applicant shall promptly inform the same to the concerned
Investigating Officer as well as the concerned Court.
(ii) The applicant shall regularly appear before the concerned Court
during the pendency of the trial.
(iii) The applicant shall not directly/indirectly try to get in touch
with the complainant or any other prosecution witnesses or tamper
with the evidence.
Signature Not Verified
Digitally Signed
By:PRATIMA
Signing Date:20.10.2022
18:57:17
- 5 -Neutral Citation Number is 2022/DHC/004418
7. The bail application stands disposed of in the above terms.
8. In case, the applicant violates any terms and conditions of the
bail, the State/prosecutrix is at liberty to move before this court for
cancellation of the bail thereto.
9. Dasti.
(PURUSHAINDRA KUMAR KAURAV)
JUDGE
OCTOBER, 2022
Priya
Signature Not Verified
Digitally Signed
By:PRATIMA
Signing Date:20.10.2022
18:57:17
