Delhi High Court - Orders
Bishamber vs State Of Nct Of Delhi & Anr on 9 July, 2020
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
SINDHU KRISHNAKUMAR
09.07.2020 21:03
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1631/2020 & CRL.M.A.8982/2020
BISHAMBER ..... Petitioner
Through: Mr. Vikas Bhatia, Advocate.
(M:9999440419)
versus
STATE OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. G. M. Farooqui, ld. APP.
Complainant in person.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 09.07.2020
1. This hearing has been done by video conferencing.
2. The Petitioner in the present case seeks grant of interim bail. He has been charged with committing offences under Sections 376/354D of IPC and Section 12 of The Protection of Children from Sexual Offences ("POCSO") Act 2012. The first submission of Mr. Vikas Bhatia, ld. counsel for the Petitioner is that the date of alleged incident is 17th April, 2019, and by that date the prosecutrix was more than 18 years old and hence provisions of the POCSO Act would not apply. He further submits that the prosecutrix had, in fact, appeared before the ld. Sessions Judge and gave no objection for interim bail to be granted to the Petitioner. However, an inference has been drawn by the ld. Sessions Judge, that the said statement has been made under pressure.
3. In order to satisfy the Court that the prosecutrix is not under any pressure, Mr. Bhatia, ld. counsel has provided the link for the hearing to the Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:09.07.2020 20:46 prosecutrix, who has also joined the video conferencing proceedings today. The prosecutrix has confirmed that her date of birth is 13 th March, 2001 and that she has no objection if the Petitioner is granted bail.
4. Mr. Farooqui, ld. APP, on the other hand, submits that the accused has pressurized the prosecutrix by taking her photographs on his mobile phone and the said mobile phone has been sent to Central Forensic Science Laboratory ("CFSL") for report and the said report ought to be awaited.
5. Issue notice. Ld. APP accepts notice. Let the ld. APP file a status report before the next date of hearing along with the report from the CFSL. Let the nominal roll be also called for from the Jail Superintendent, Jail No.3, Tihar Jail, New Delhi, before the next date.
6. List on 29th July, 2020.
PRATHIBA M. SINGH, J.
JULY 09, 2020/dj/A Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:09.07.2020 20:46