Shanker v. State
Case brief
What is this about?
The High Court of Delhi granted bail to the petitioner accused under POCSO and IPC sections. FSL report on video evidence was awaited. Petitioner released on personal bond with conditions regarding address change.
What did the court decide?
Petitioner released on bail on personal bond of ₹25,000 with one surety; condition to intimate change of address via affidavit.
What the court decided
5# $~
- IN THE HIGH COURT OF DELHI AT NEW DELHI
| + BAIL APPLN. |
299/2017 | |
|---|---|---|
| SHANKER | Represented by: versus |
..... Petitioner Mr. Rajesh Pandey and Mr. Harish Kuletha, Advocates. |
| STATE | ..... Respondent | |
| Represented by: | Mr. Amit Gupta, APP for State with Inspector Rajeev Yadav, PS Inderpuri. |
CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R % 07.05.2018
- Copy of the statement of the victim has been handed over which is taken on record.
- By this petition, petitioner seeks bail in case FIR No. 118/2016 under Sections 323/342/34 IPC read with Section 23 Juvenile Justice (Care and Protection of Children) Act, 2000 wherein Sections 377 IPC and Sections 4/12 of Protection of Children from Sexual Offences Act (in short ‘POCSO Act) and Sections 66/66A IT Act were added later on.
- Allegations of the complainant/victim who was aged 16 years was that the petitioner along with co-accused beat him up, made him to sit on a bottle and made a video of the same on the mobile phone.
- The petitioner is in judicial custody since 26th May, 2016 and charge sheet was submitted on 25th July, 2016. The victim has since been examined in the Court. From the mobile phone a video files extracted by the FSL were BAIL APPLN. 299/2017 Page 1 of 2
Issues for consideration
1 issue framed by the court
Whether bail should be granted to the petitioner given the nature of evidence and the duration of custody.
Parties & counsel
- petitioner
SHANKER
- respondent
STATE
Coram
MUKTA GUPTA
Case details
As recorded by the court registry
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