Sonu Pandit vs Govt. Of Nct Of Delhi on 8 September, 2020

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Delhi High Court - Orders

Sonu Pandit vs Govt. Of Nct Of Delhi on 8 September, 2020

Bench: Anup Jairam Bhambhani

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     BAIL APPL. 2565/2020

      SONU PANDIT                                       ..... Applicant
                          Through:    Ms. Drishti Malhotra, Adv.
                          versus

      GOVT. OF NCT OF DELHI                         ...... Respondent
                    Through:          Ms. Aasha Tiwari, APP for the
                                      respondent.
      CORAM:
      HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                      ORDER

% 08.09.2020 CRL. M.A. No. 12388/2020 (for exemption) Exemption is granted, subject to just exceptions. The application stands disposed of.

BAIL APPL. No. 2565/2020

The applicant, who is an accused in case arising from FIR No. 175/2019 dated 16.05.2019 registered under section 376AB IPC and section 4 of POSCO Act at PS : Dwarka North, seeks regular bail.

2. Ms. Drishti Malhotra, learned counsel for the applicant submits that although the allegation is under section 376AB IPC and section 4 of POSCO Act, a perusal of the MLC will show that there is no medical evidence of sexual assault and therefore the ingredients of the said offences are not made-out. At best, it may be a case of an attempt at sexual assault. Counsel further submits that the applicant has been in judicial custody since 16.05.2019.

BAIL APPL. 2565/2020 Page 1 of 2

3. Issue notice.

4. Ms. Aasha Tiwari, learned APP appears for the respondent on advance copy ; accepts notice ; and seeks time to file status report.

5. Let status report be filed before the next date, with advance copy to the opposing counsel.

6. Let applicant's updated nominal roll be requisitioned from the Jail Superintendent for the next date.

7. Since this is a matter under section 376AB IPC and section 4 POCSO Act, let intimation under section 439(1-A) Cr.P.C. read with Delhi High Court Practice Directions dated 24.09.2019 in form Annexure-A attached to the Practice Directions, be sent by the Investigating Officer to the complainant, informing her that her presence is required by video-conferencing at the hearing of this bail application on the next date.

8. List on 15th October 2020.

ANUP JAIRAM BHAMBHANI, J.

SEPTEMBER 08, 2020/uj BAIL APPL. 2565/2020 Page 2 of 2

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Delhi High Court - Orders