Counsel argued for bail citing investigation completion, missing medical evidence, and FIR delay. The court granted bail with a bond and locality restriction due to the nature of the case and victim's age.
Petitioner admitted to bail on furnishing a personal bond of ₹20,000 with one surety and shall not visit the victim's locality.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
NAKKAN KHAN ..... Petitioner Through Mohd. Amanulla, Mr. Misbah Bin Tariq and Mr. Anas Zaidi, Advs.
Versus
STATE (NCT OF DELHI) ..... Respondent Through Ms. Manjeet Arya, APP
CORAM: HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R % 10.01.2018
Learned counsel for the petitioner submits that petitioner is in custody for the last nine months. Investigations are complete and charge-sheet has
been filed. Charges have been framed. Petitioner’s wife is on dialysis. There is delay in lodging the FIR. There is no medical evidence to corroborate the version of the complainant. As per the FSL report, no semen was detected on the exhibits.
Learned APP has opposed the grant of bail to the petitioner. It is contended that petitioner had committed oral sex on the victim aged about six years.
Keeping in mind the totality of the facts and circumstances of this case, petitioner is admitted to bail, subject to his furnishing a personal bond in the sum of `20,000/- (Rupees Twenty Thousand Only) with one surety in the like amount to the satisfaction of the trial court. Petitioner, however, shall not visit the locality, where the victim is residing.
Bail application is disposed of in the above terms. Dasti.
A.K. PATHAK, J.
JANUARY 10, 2018 r.bararia
1 issue framed by the court
Whether bail is legally admissible given the delay in FIR, absence of medical evidence, and victim's age.
Nakkan Khan
State (NCT of Delhi)
A.K. Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
