Mithlesh Kumar v. State
Case brief
What is this about?
Petitioner Mithlesh Kumar sought anticipatory bail in an FIR for sexual assault and false implication. The Court directed admission to bail on a personal bond of ₹15,000 with one surety upon summons or arrest.
What did the court decide?
Anticipatory bail granted; petitioner to be admitted to bail on personal bond of Rs. 15,000 with one surety of like amount.
What the court decided
$~5
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- BAIL APPLN. 2295/2017 MITHLESH KUMAR
..... Petitioner Through Mr.Bharat Bhushan, Adv.
versus
STATE
..... Respondent Through Ms.Neelam Sharma, APP with ASI Krishna from P.S.Nagloi.
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
O R D E R
- % 11.01.2018
Petitioner is seeking anticipatory protection. FIR No.0360/2017 has been registered at police station Nangloi under Sections 376/506 of the IPC as also under Section 6 of the POCSO Act. The FIR was registered on the complaint of Neelam. The victim is a minor girl aged around 11 years. Learned counsel for petitioner points out that the FIR has been registered two months after the date of incident; allegedly the incident had taken place on 22.6.2017 and the FIR was registered on 26.8.2017. In the FIR the name of the petitioner does not find mention. It is only in the statement of the victim recorded under Section 164 Cr.P.C. three days after i.e. on 29.8.2017 that the name of the petitioner figured. Contention of the petitioner is that this is only to embroil the petitioner as the complainant was working under him as a labourer and although the
Issues for consideration
2 issues framed by the court
Whether petitioner is eligible for anticipatory bail in a case involving sexual offence against a minor.
Whether the delay in registration of FIR and inclusion of petitioner in subsequent statement warrants protection.
Parties & counsel
- petitioner
MITHLESH KUMAR
- respondent
STATE
Coram
INDERMEET KAUR
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court