The High Court of Delhi granted regular bail to the petitioner in a POCSO case involving sexual harassment of a 6-year-old girl, subject to a personal bond, reporting obligations, and a non-influence condition on witnesses.
Petitioner admitted to bail on personal bond of Rs. 10,000/- with one surety in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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versus STATE NCT OF DELHI ..... Respondent Through: Ms.Meenakshi Dahiya, APP for State with ASI Seema Dhaka, P.S. Samaipur Badli.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA O R D E R % 09.05.2024
Page 1 of 2
BAIL APPLN. 1034/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/05/2024 at 11:34:07
incident had taken place in presence of other children who were also playing at the spot. He further submits that statement of no other witnesses appears to have been recorded during the course of investigation. It is further urged that petitioner is in custody for more than one year and is not involved in any other case.
Admittedly, the alleged incident took place in presence of other children playing at the spot but statement of no other witness has been recorded except for victim. Statement of victim has already been recorded. Considering the totality of the facts and circumstances, petitioner is admitted to bail on furnishing personal bond in the sum of Rs. 10,000/- (Ten Thousand only) with one surety in the like amount to the satisfaction of the learned trial court and subject to the following conditions:
(i) Petitioner shall provide his mobile number to the Investigating Officer (IO)/SHO concerned at the time of release. (ii) In case of change of address, petitioner shall intimate/communicate his address to the IO/SHO concerned. (iii) Petitioner shall not influence the witnesses in any manner.
Application is accordingly disposed of.
A copy of this order be sent to the Superintendent Jail and concerned Trial Court for compliance.
ANOOP KUMAR MENDIRATTA, J
MAY 9, 2024/v
Page 2 of 2
BAIL APPLN. 1034/2024
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/05/2024 at 11:34:07
3 issues framed by the court
Whether the petitioner should be granted regular bail furnishing a personal bond subject to specific conditions.
Whether the improbability of allegations and lack of other witness statements justify bail.
Whether the presence of bite marks on the victim precludes bail.
3 provisions across 3 enactments
Tarkeswar
State NCT of Delhi
Anoop Kumar Mendiratta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
