Chhotey Lal @ Radhey Shaym Vs the State Govt of NCT of Delhi

Learned counsel for the petitioner submits that FIR was registered on the complaint of mother of the prosecutrix, aged 5 years. It was alleged in the FIR that the petitioner had inserted his finger in the private parts of the girl. Learned counsel submits that prosecutrix was produced in the witness box on 15.09.2017. She did not identify the petitioner. On being asked ‘kya aap ke saath kuch galat kam hua tha’, she answered ‘nahi’. It is submitted that the petitioner is in custody for about 3 years. Learned APP has opposed the grant of bail. He has contended that the prosecutrix was only 5 years of age at the time of incident. She was examined two and a half years later and had forgotten the incident, accordingly, she was dropped from the list of prosecution witnesses. Learned APP submits that the parents of the

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prosecutrix have yet to be examined. As per the MLC blood was deducted during the medical examination of the prosecutrix.

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Prosecutrix was dropped after partial examination and the petitioner is in custody for about three years. Accordingly, petitioner is admitted to bail, subject to his furnishing a personal bond in the sum of ` 20,000/- with one surety in the like amount to the satisfaction of the trial court.

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Bail application is disposed of in the above terms. Dasti.

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A.K. PATHAK, J

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JANUARY 23, 2018 SRwt

Chhotey Lal @ Radhey Shaym v. the State Govt of NCT of Delhi

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Chhotey Lal @ Radhey Shaym v. the State Govt of NCT of Delhi

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