Allowed

Raj Kumar @Riyal Sharma v. the State

Delhi HC17 Sept 2019BAIL APPLN./1163/2019

Case brief

AI extract

What is this about?

This is a bail application under Section 438 CrPC where the petitioner, charged with rape and defamation under the POCSO Act and IPC, was admitted on bail upon furnishing a personal bond and surety, subject to specific conditions restricting contact with the prosecutrix and residence. The court highlighted the petitioner's age as a factor favoring the grant of bail.

What did the court decide?

Petitioner admitted to bail on personal bond of ₹25,000 with one surety, subject to conditions prohibiting contact with the prosecutrix, restricting residence, and obtaining approval to leave Delhi.

Raj Kumar @Riyal Sharma Vs the State — Child Sexual Offences (POCSO) | Delhi HC (2019)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 1163/2019

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RAJ KUMAR @RIYAL SHARMA ..... Petitioner Through: Mr Prabhat Kumar, Advocate.

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versus

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THE STATE ..... Respondent Through: Ms Kusum Dhalla, APP for State CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU O R D E R % 17.09.2019

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The petitioner has filed the present petition, inter alia , praying that he be admitted on bail in the case relating to FIR No. 623/2018 under Sections 376/506 of the IPC read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 registered with PS Vasant Kunj, South, New Delhi.

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The status report has been filed which indicates that the accused had met the complainant socially. It is alleged that he had taken the prosecutrix to his room and thereafter, had proceeded to rape her. The allegations against the petitioner are serious.

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It is seen that the petitioner has been in custody since 09.12.2018 and in the meanwhile, the statement of the prosecutrix under Section 164 of the CrPC has been recorded and a chargesheet has been filed.

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Considering that the accused was twenty-one years of age at the material time, this Court considers it apposite to grant bail to the accused.

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The accused would be admitted to bail on furnishing a personal bond in the sum of ₹25,000/- with one surety of the like amount to the satisfaction of the concerned Trial Court. In addition to the above, the petitioner shall also comply with the following conditions:

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(a) The petitioner shall not contact the prosecutrix, either directly or indirectly, in any manner;

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(b) He shall ensure that he shall also not reside or visit the locality where the prosecutrix resides.

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(c) He shall provide his contact details to the SHO, PS Vasant Kunj (South) and ensure that he is reachable at all times.

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(d) He shall not leave the National Capital Territory of Delhi without approval of the concerned Trial Court.

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Needless to state that if the petitioner violates any of the aforesaid conditions, the bail granted to the petitioner shall be cancelled.

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The application is disposed of in the aforesaid terms.

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Order dasti under signatures of the Court Master.

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VIBHU BAKHRU, J

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SEPTEMBER 17, 2019 RK

Raj Kumar @Riyal Sharma v. the State

Case brief

What is this about?

What did the court decide?

Raj Kumar @Riyal Sharma v. the State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

Case details

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