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Delhi High Court - Orders

Surender Kumar vs State Govt Of Nct Of Delhi on 7 March, 2022

Author: Anu Malhotra

Bench: Anu Malhotra

                      $~11
                      *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                      +      BAIL APPLN. 4118/2021
                             SURENDER KUMAR                                      ..... Petitioner
                                                Through:     Ms.Swati Verma, Advocate.
                                                versus

                             STATE GOVT OF NCT OF DELHI                          ..... Respondent
                                                Through:     Mr. Mukesh Kumar, APP for State
                                                             with SI Parvesh, PS Alipur.
                             CORAM:
                             HON'BLE MS. JUSTICE ANU MALHOTRA
                                     ORDER

% 07.03.2022 Pursuant to proceedings dated 11.01.2022, the applicant has placed on record the certificate under Section 65B of the Indian Evidence Act, 1872 qua the transcript of conversation between the complainant and the applicant with the certificate having been issued by the spouse of the applicant.

The status report has also been submitted on behalf of the State. During the course of submissions that have been made on behalf of the applicant, learned counsel for the applicant submits that as per averments made in the FIR and the statements of children recorded, the alleged incident is stated to have taken place at the Phulwari Children Home for Boys-I, Alipur whereas the children in question in the instant case had never been lodged at the Phulwari Children Home for Boys-I and were lodged at the Aashiyana Home for Boys.

BAIL APPLN. 4118/2021 Page 1 of 2

Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:10.03.2022 18:29:45 This file is digitally signed by PS to HMJ ANU MALHOTRA.

Time is sought on behalf of the State to ascertain the said aspect. Furthermore, in relation to the submission that has been made on behalf of the applicant by learned counsel for the applicant that the children's home for boys is fully covered under the CCTV cameras, the State shall also place on record the CCTV footage, if any, in relation to the alleged incident and the report in relation to the aspect of the working condition of the CCTV camera in the home in question.

The matter is directed to be re-notified for 01.04.2022.

ANU MALHOTRA, J MARCH 7, 2022 nc BAIL APPLN. 4118/2021 Page 2 of 2 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:10.03.2022 18:29:45 This file is digitally signed by PS to HMJ ANU MALHOTRA.