Allowed

Nadir v. State (Nct of Delhi) and Anr.

Delhi HC16 Feb 2024BAIL APPLN./3349/2023

Case brief

AI extract

What is this about?

Single Judge authored order granting regular bail to the petitioner under Section 439 CrPC in a POCSO case involving child sexual offences. Bail was granted as the marriage document was verified and the victim opposed any objection to the petitioner's release.

What did the court decide?

Petitioner granted bail according to Personal Bond of Rs 20,000 and one Surety Bond of like amount with standard conditions.

Nadir Vs State (Nct of Delhi) and Anr. — Matrimonial and Divorce | Delhi HC (2024)

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$~12

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 3349/2023

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NADIR ..... Petitioner Through: Mr. Suraj Prakash Sharma, Adv. versus STATE (NCT OF DELHI) AND ANR. ..... Respondents Through: Mr. Hemant Mehla, APP for State with SI Gunjan Singh, PS. AHTU, CB along with victim Ms. ‘N’.

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CORAM:

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HON'BLE MR. JUSTICE VIKAS MAHAJAN

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O R D E R

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% 16.02.2024

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The present petition has been filed under Section 439 CrPC seeking regular bail in connection with FIR No. 282/2019 under Section 363 IPC registered at Police Station Badarpur. Subsequently, charge-sheet has been filed under Sections 363/366/376/174A IPC, Sections 4/6 POCSO Act, Section 84 of Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 9 of The Prohibition of Child Marriage Act.

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The learned APP for the State invites the attention of the Court to the order dated 23.01.2024 to contend that the victim had sought time to place the nikkahnama on record. He submits that a copy of the nikkahnama was furnished by the victim to the I.O concerned, which was verified by the I.O and the same has been found to be genuine.

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While appearing on 23.01.2024, the victim had stated that since she has solemnised marriage with the petitioner, therefore, she has no objection in case the petitioner is granted bail. Accordingly, the petitioner was enlarged on interim bail for a period of one month.

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Today also the victim is present in the Court. She reiterates that she is

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This is a digitally signed order.

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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 17/12/2024 at 15:39:58

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residing with the petitioner and she has no objection in case the interim bail granted to the petitioner is confirmed.

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In view of the fact that the nikkahnama has been verified by the I.O concerned and further regard being had to the statement of the victim, this Court is of the view that the petitioner is entitled to regular bail.

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Accordingly, the petitioner is enlarged on bail subject to his furnishing a Personal Bond in the sum of Rs. 20,000/- and one Surety Bond of the like amount to the satisfaction of the Trial Court/CMM/Duty Magistrate, further subject to the following conditions:-

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a) Petitioner shall appear before the Court as and when the matter is taken up for hearing.

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b) Petitioner shall provide mobile number to the IO concerned which shall be kept in working condition at all times and he shall not change the mobile number without prior intimation to the Investigating Officer concerned.

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The petition stands disposed of.

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Copy of the order be forwarded to the concerned Jail Superintendent for necessary compliance and information.

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Order dasti under signatures of the Court Master.

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Order be uploaded on the website of this Court.

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VIKAS MAHAJAN, J

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FEBRUARY 16, 2024/dss

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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 17/12/2024 at 15:39:58

Nadir v. State (Nct of Delhi) and Anr.

Case brief

What is this about?

What did the court decide?

Nadir v. State (Nct of Delhi) and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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