Delhi High Court - Orders
Jitender vs State (Nct Of Delhi) on 24 March, 2025
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1020/2025
JITENDER .....Petitioner
Through: Mr. Suraj Prakash Sharma and Ms.
Sukriti Pratap, Advs.
versus
STATE (NCT OF DELHI) .....Respondent
Through: Mr. Hitesh Wali, APP for the State
with SI Garima, P.S.S.P.Badli.
CORAM:
HON'BLE MR. JUSTICE RAVINDER DUDEJA
ORDER
% 24.03.2025
1. This is the first bail petition filed under Section 483 of BNSS, 2023 for grant of interim bail for a period of 30 days filed by the petitioner in case FIR No. 75/2021, under Section 376/506 and 6 POCSO Act, registered at P.S.S.P.Badli.
2. Learned counsel for the petitioner submits that petitioner is pursuing the course of MSO, Master of Arts (Sociology) with Indira Gandhi National Open University (IGNOU). He has to complete and submit his assignment by 31.03.2025.
3. The Status Report is not on record and is stated to be under objection. However, physical copy of the status report is submitted in Court. As per the status report, the documents related to the admission of the course of MSO Programme have since been verified from the University.
This is a digitally signed order.
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4. Learned APP has opposed the bail application submitting that the case is at the fag end and there is threat perception and possibility of the petitioner fleeing cannot be ruled out.
5. It is further submitted that the petitioner can submit his assignment by post or through online process and therefore there is no need for grant of interim bail as prayed for.
6. In rebuttal, the learned counsel for the petitioner submits that the conditions of the jail are not conducive for completing the assignment and in similar circumstances, the Predecessor Bench of this Court in Bail Application No. 779/2024 granted interim bail to the accused in case FIR No. 733/2020, under Section 376 IPC and Section 6 of POCSO, registered at P.S.Uttam Nagar.
7. Petitioner has placed on record the notice issued by the University (Annexure A-4), as per which assignment has to be submitted by 31.03.2025
8. The Investigating Officer has verified from the University that the accused is pursuing MSO programme in IGNOU.
9. In view of the above, in order to enable the petitioner to pursue his MSO programme, it is considered appropriate that petitioner be admitted to interim bail till 31.03.2025, subject to his furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of learned Trial Court/CMM/Duty Magistrate, subject to the following conditions:
(a) Petitioner shall appear before the trial court as and when the matter is taken up for hearing during this period.
(b) Petitioner shall provide his mobile number to the Investigating Officer concerned which shall be kept in working 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 24/03/2025 at 22:45:40 condition and shall not change the mobile number without prior intimation of the Investigating Officer concerned.
(c) Petitioner shall not indulge in any criminal activities and shall not communicate with or cannot contact with the witnesses of this case.
(d) The petitioner shall not leave the NCR without permission of the trial court and shall report daily at 7:00 PM in the Police Station to the Investigating Officer/Duty Officer.
(e) Petitioner shall surrender before the concerned trial court on 01.04.2025.
10. The petition stands disposed of.
Copy of this order be given dasti under the signatures of the Court Master.
RAVINDER DUDEJA, J MARCH 24, 2025/ib/ia 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 24/03/2025 at 22:45:41