Delhi High Court - Orders
Ali Khan vs The State Nct Of Delhi on 9 December, 2020
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3130/2020
ALI KHAN ..... Petitioner
Through: Mr Kumar Krishan, Advocate.
versus
THE STATE NCT OF DELHI ..... Respondent
Through: Mr Ravi Nayak, APP for State with
SI Satish Bhati, PS Sarita Vihar.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 09.12.2020 [Hearing held through videoconferencing]
1. The petitioner has filed the present petitioner seeking interim bail for a period of forty five days in connection with FIR No.39/2017 under Sections 363/342/354/307/376/506 of the IPC and Sections 6 and 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) registered with PS Sarita Vihar.
2. The said FIR was registered at the instance of mother of the victim. She had stated that on 01.02.2017 when she returned home at about 6:30 p.m, her daughter (who is aged about nine years) informed her that at about 10:00 AM, the petitioner had come and taken her to a room in the same premises. He had bolted the door from inside. She alleged that he had taken off their clothes and had lied down on her. She also alleged that he had inserted his finger in his vagina and done so twice. He had also threatened Signature Not Verified digitally signed by:DUSHYANT RAWAL her not to disclose anything to anyone and, thereafter, allowed her to go.
3. The petitioner was apprehended and was interrogated. He was arrested on 02.02.2017 and has been in custody since. The statement of the victim was recorded and her examination has been concluded. It appears from the status report that the victim has also made improvements over her initial statement, in her examination before the court.
4. It has been verified that the victim was about seven years and eleven months on the date of the incident.
5. The prosecution proposes to examine twenty three witnesses, out of which seven have already been examined and it is unlikely that the trial would be completed shortly.
6. The nominal roll indicates that the petitioner has been in custody for more than three years and ten months and his conduct in the jail premises has been good. He is aged about seventy years and is suffering from several ailments. The medical report received from the jail authorities indicates that the petitioner is a known case of hypertension, asthma, COPD and suffers from difficulty in breathing. He is also suffering from immature senile cataract.
7. Considering the medical condition and the age of the petitioner, this court considers it apposite to allow the present petition. Accordingly, the petitioner shall be released on interim bail for a period of forty five days on his furnishing a Personal Bond in the sum of ₹10,000/- with one surety of the like amount to the satisfaction of the Trial Court/Duty Magistrate/CMM. This is also subject to the following further conditions:-
a) the petitioner shall provide his contact number to the concerned SHO/IO (PS Sarita Vihar) and ensure that he is reachable on it Signature Not Verified digitally signed by:DUSHYANT RAWAL at all times;
b) the petitioner shall not contact the victim or any of her family members either directly or indirectly;
c) the petitioner shall not leave the National Capital Territory of Delhi; and
d) the petitioner shall not change his residential address without prior intimation to the concerned SHO/IO of PS Sarita Vihar.
8. The complainant (the victim's mother) has also joined the proceeding and she states that more than nine months ago, her daughter was accosted by the daughter of the petitioner and his wife (whom she refers to as 'bhudhiya') and had threatened her daughter (the victim).
9. In this regard, the petitioner is cautioned that if any threats or attempts to influence the victim or her family members is made, the interim bail granted to the petitioner shall be cancelled forthwith.
10. The petition is allowed in the aforesaid terms.
VIBHU BAKHRU, J DECEMBER 9, 2020 MK Signature Not Verified digitally signed by:DUSHYANT RAWAL