Delhi High Court
Sher Khan vs State (Govt. Of Nct Of Delhi) & Anr. on 31 July, 2023
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2953/2022
SHER KHAN ..... Petitioner
Through: Ms.Swati Verma, Advocate
versus
STATE (GOVT. OF NCT OF DELHI) & ANR. ..... Respondents
Through: Ms.Shubhi Gupta, APP for the State
Insp.Dharmender Kumar and
SI Sangeeta, PS Jahangir Puri.
% Date of Decision: 31.07.2023
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
1. The present application has been filed under section 439 Cr.P.C seeking a
grant of regular bail in FIR No. 35/2021 under Sections 363 IPC
registered at PS Jahangir Puri, Delhi.
2. Brief Facts of the case are that the present FIR was lodged on the
statement of the mother of the prosecutrix who reported the missing of
her daughter "K" and stated that her daughter left home at around 9:30
AM on 20.01.21 and based on her statement, the present case was
registered.
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:31.07.2023
19:13:19
3. The supplementary chargesheet has also been filed.
4. Learned counsel for the petitioner submits that the petitioner is in
custody since 12.03.2021. It has further been submitted that the
prosecutrix has already been examined. Learned counsel submits that
the age of the prosecutrix as per the ossification report was between 17
to 18 years as of September, 2021. Learned counsel for the petitioner
further submits that if the two-year margin is taken into account, the
age of the prosecutrix is on the higher side on the date of the alleged
offence, i.e. was 18 years and therefore the petitioner may be admitted
to bail.
5. Learned APP has submitted that the offence is serious in nature and if
the accused is released on bail, he may abscond. However, learned
Additional PP submits that as per his instructions the victim is now
married and settled peacefully.
6. The accused in the present case is in custody since 12.03.2021. It is a
matter of record that the prosecutrix has already been examined. I have
gone through the statement under Section 164 Cr.P.C. of the
prosecutrix where she has stated that she had gone with the petitioner at
her own free will and had consensual sexual relations with the
petitioner.
7. It is a matter or record that there is no proof of date of birth and
therefore ossification test was conducted and as per the ossification
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:31.07.2023
19:13:19
test, the age of the prosecutrix was between 17 to 18 years in
September, 2021. The period of offence in the present case is
somewhere in January, 2021 onwards.
8. Thus, taking into account the totality of the facts and circumstances of
the case, without making any expression on the merits of the case, the
petitioner is admitted to regular bail on furnishing bail bond in the sum
of Rs.15,000/- with one surety of the like amount to the satisfaction of
the trial court subject to the following conditions:
a. the Petitioner shall attend the trial regularly
b. the Petitioner shall under no circumstances leave India without
prior permission of the Court concerned;
c. the Petitioner shall not directly or indirectly make any inducement,
threat or promise to prosecutrix/victim or any person acquainted
with the facts of the case;
d. the Petitioner shall provide his/her mobile number(s) to the
Investigating Officer.
e. In case of change of residential address and/or mobile number, the
Petitioner shall intimate the same to the Investigating Officer/
Court concerned by way of an affidavit.
9. Petition stands disposed of.
10. Copy of the order be sent to the concerned Jail Superintendent for
information and necessary compliance.
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:31.07.2023
19:13:19
11. Order Dasti
DINESH KUMAR SHARMA, J
JULY 31, 2023/rb
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:31.07.2023
19:13:19
