Delhi High Court - Orders
Sunil vs The State(Nct Of Delhi) And Another on 29 January, 2025
Author: Amit Sharma
Bench: Amit Sharma
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 4118/2024
SUNIL .....Petitioner
Through: Mr. M.S. Bammi, Ms. Lovee Tyagi
and Ms. Meenakshi Tyagi, Advocates
(through Vc).
versus
THE STATE(NCT OF DELHI) AND ANOTHER .....Respondents
Through: Mr. Ajay Vikram Singh, APP for the
State.
Insp. Chetan Singh, SI Raghuvir
Singh, W/SI Manshi, P.S. Khyala.
Mr. Gaurav Sharma, Ms. Aakanksha
Sharma, Ms. Sakshi Jha, Advocates
for the Survivor alongwith Survivor in
person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 29.01.2025
1. This hearing has been done through hybrid mode.
2. The present second application under Section 483 of the BNSS (Section 439 of the Cr.P.C.) has been filed seeking regular bail in case FIR No. 398/2022, under Sections 323/342/365/367/368/370/376(2)(n)/506/509/34/120B of the IPC and Section 6 of the POCSO Act and Sections 4/5/6 of the Immoral Traffic Prevention Act, 1956 (hereinafter referred to as, 'ITP Act'), registered at P.S. Khyala. First application being BAIL APPLN. 1490/2024 filed by the present 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 29/01/2025 at 22:41:21 applicant was dismissed with liberty to approach the competent Court after examination of the public witnesses vide order dated 15.07.2024 passed by Coordinate Bench of this Court.
3. The case of the prosecution, as per status report dated 18.11.2024 authored by Insp. Vinod Kumar, SHO PS Khyala, against the present applicant is as follows: -
"It is submitted that on 19/04/2022, a PCR call vide DD No. 121A dated 19/04/2022 was received in PS Khyala regarding kidnapping of a girl. The call was entrusted to IO/SI Indrajeet for further necessary action. IO rushed to the spot where it was revealed that caller "P" is a friend of victim "T". She got to know about kidnapping by call from victim herself that one person namely Deepak came to Madrasi Colony, Khyala Delhi and kidnapped her from her rented house. She further mentioned that "T" came to her around a month ago seeking help from her as she was forced to work as a prostitute by alleged Deepak. It was also mentioned by the caller that victim "T" and Deepak has one child without getting married. Caller "P" arranged room on rent in Madrashi Colony, Khyala, Delhi for victim "T" for her help in the night of 19/0412022. On this PCR call, a team lead by IO/SI Indrajeet was formed and search of the victim initiated. Team reached to Mahipalpur after taking location of the victim's mobile phone. The alleged Deepak was answering the phone call of victim 'T' and he was convinced by the TO to come to Aerocity Metro Station to take the child. Deepak along with other 2 persons namely Sunil & Shailesh came to Aerocity Metro Station in Grey Wagon-R Car No- HR-29-AA-31 02. On seeing the police party, they ran away from there in very recklessly mariner. With the help of technical surveillance, the team reached near Diamond Inn PG Mahipalpur Delhi and made search for the victim at Diamond Inn PG. The victimlProsecutrix "T" was found illegally detained by alleged Deepak, Shimpy @ Kajal Dlo Sh. Jitu Sanwaria, Sanjay Sio Bholu Rai, Sunil Sio Mulayam MandaI and Shailesh Sio Yogendra Kumar in Room No- 301, Diamond PG, A- Block Mahipalpur. The Victim "T" was rescued and she stated that alleged Deepak, Sanjay, Shimpy and Kajal kidnapped her from Khyala, Delhi and confined her in that room. The victim was found in injured condition.
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 29/01/2025 at 22:41:21
2. The victim along with the above mentioned suspected persons was taken to Police Station Khyala, Delhi. Thereafter her counseling was conducted by the DCW Counselor. As the victim/Prosecutnx "T"
having multiple injuries on her body, so Medical Examination of the victim was got conducted at DDU Hospital Han Nagar New Delhi vide MLC No. 3521/2022 on which, it is mentioned by the that A/H/O Patient was brought to causality for medical examination A/H/O physical assault as told by self & BIB. Gynecology Dr. mentioned that Victim was brought by police, AJH/O kidnapping on 19104/22, according to victim, she was living with her boyfriend name~ Deepak from 5 years and also had a child (boy) with him. According to victim Deepak used to force him to make sexual contact with different people for money for 5 years. The accused Deepak had been using the victim for sexual business. When the victim refused to continue the same, the accused used to beat her so badly. According to victim, she refused to stay with Deepak and come to her friend's house & been living from 29/03/22 near Subhas Nagar. Yesterday on 19/04/22, victim was abducted by her boyfriend Deepak & physically assaulted her & UTP Positive".
3. It is further submitted that statement of the victim was recorded, wherein she stated that she was living with Deepak in Live- in and she has a baby boy about 05 years ago, when she was about 13-14 years old, Deepak promised her to get married with her and took her with him Deepak forcefully committed rape with her continuously without her will and indulged her in prostitution work since last 05 years forcefully Whenever, she refused to do the work, he used to beat her very badly. He used to send her to her customer for prostitution to earn money. His friend namely Sanjay, Sunil, Shailesh, Shilpy @ Kajal and Kajal are working with him in the prostitution work. Sanjay, Sunil, Shailesh were used to take her to their customer for prostitution. Deepak and his friends have also done the same with other girls also. They are running a sex racket in Delhi by ensnaring innocent girls. She along with her son left Deepak and starting living separately. In the night of 19/04/22, Deepak along with his friends namely Sanjay, Kajal and Simpy @ Kajal came in his car Tata Nexon and kidnapped her from Khyala Delhi and they beaten her badly and confined her in the room of Sanjay and Simpy @ Kajal at R. No. 301, Diamond Inn PG, Mahipalpur, Delhi.
As per the statement of victim, Contents of the MLC and circumstances, a case vide FIR No. 398/22 u/s 323/342/365/367/368/370/376(2)(n) /506/ 509/34 IPC and 06 POCSO 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 29/01/2025 at 22:41:21 Act & 4/5/6 ITP Act was registered at Police Station Khyala New Delhi.
4. During the course of investigation of the case, 06 accused persons namely (1) Deepak S/o Sh. Suresh Pratap Singh, (2) Sanjay S/o Sh. Bhola Yadav, (3) Sunil Kumar S/o Sh. Mulayam MandaI, (4) Shailesh Kumar Sio Sh. Yogender Yadav (Present applicant), (5) Simpy @ Kajal Dlo Sh. Jeetu Sawana and Kajena Khatoon @ Kajal were arrested in the present case.
5. That statement U/s 164 Cr.P.C of the victim was recorded, wherein she corroborate her FIR version and made serious allegations against all accused persons including the present applicant specifically.
6. During the course of investigation, section 120B IPC was added in the case. As per ossification report, Victim's age is 17 to 20 Years. Statements u/s 161 Cr.P.C. of witnesses were recorded accordingly.
7. After completion of investigation, charge sheet in the case was filed before the Hon'ble Court. Charge against the accused persons has been framed on 28.11.2022. There are total 33 witnesses in the present case and 08 of them have been examined. ...."
4. Learned counsel for the applicant has submitted that the survivor/PW- 1 in the present case has not made any allegations of rape, molestation or sexual assault in her statement under Section 164 of the CrPC as well as in her testimony recorded before the learned Trial Court against the present applicant. It is further submitted that PW-3, in her examination-in-chief, who was a star witness of the prosecution and friend of the survivor/PW-1, did not identify the applicant to be present at the spot and it is submitted that she had seen him in the police station. It is further submitted that, during her cross- examination, PW-3 had admitted the fact that the present applicant is the same person, who the police had later apprehended as a person, who was suspected of providing information to co-accused, Deepak, with regard to the presence of police. It is further submitted that all the public witnesses have been examined in the present case and the present applicant was released on interim bail on previous occasion and he had duly surrendered, without misusing the 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 29/01/2025 at 22:41:21 liberty granted to him. The applicant is not involved in any previous offence. It is further submitted that co-accused, Kajena Khatun @ Badi Kajal, had already been granted bail by a Coordinate Bench of this Court vide order dated 18.03.2024 in BAIL APPLN. 9/2023.
5. Per contra, learned APP for the State, assisted by the learned counsel for the survivor, has submitted that the allegations made against the applicant are serious in nature as the survivor/PW-1 in her testimony recorded before the learned Trial Court has supported the case of the prosecution. It is further submitted that the present applicant had provided assistance to the main accused, Deepak, as well as the other co-accused persons in the commission of the offences alleged in the present FIR.
6. Heard learned counsel for the parties and perused the record.
7. The case of the survivor/PW-1 with respect to the present applicant alongwith co-accused, Shailesh and Sanjay, is that they were drivers of co- accused, Deepak, who used to take her alongwith him, to various hotels to customers. It has also come on record through the testimony of PW-3, friend of PW-1, that PW-3 had not seen the present applicant at the spot from where the survivor/PW-1 was rescued, however, he was seen by her in the police station. The veracity of these allegations as well as the role of the present applicant would be determined at the appropriate stage after the culmination of trial.
8. The testimony of the survivor/PW-1 and her friend/PW-3 has been recorded before the learned Trial Court. Trial in the present case is pending. Out of 33 witnesses cited in the chargesheet, 8 prosecution witnesses have been examined so far. The present applicant has not been accused of any sexual assault by the survivor/PW-1.
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 29/01/2025 at 22:41:21
9. The applicant has been in custody since 20.04.2022 and conclusion of trial is likely to take time and no useful purpose would be served in keeping the present applicant in custody. He was also released on interim bail on an earlier occasion and had not misused the liberty given to him. He is also not involved in any other case.
10. In the totality of the facts and circumstances of the present case, the present case is allowed and he is directed to be released on bail on his furnishing personal bond in the sum of Rs. 25,000/- along with one surety of like amount, further subject to following conditions: -
i. The applicant shall not leave India without prior permission of the learned Trial Court.
ii. The applicant shall intimate the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change in residential address.
iii. The applicant shall appear before the learned Trial Court as and when the matter is taken up for hearing.
iv. The applicant is directed to give his mobile number to the Investigating Officer and keep it operational at all times. v. The applicant shall not, directly or indirectly, tamper with evidence or try to influence the witness in any manner.
11. The application is allowed and disposed of accordingly along with all pending applications, if any.
12. Needless to state that, nothing mentioned hereinabove, is an opinion on the merits of the case and any observations made herein are only for the purpose of the present bail application.
13. Copy of the order be sent to the concerned Jail Superintendent for 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 29/01/2025 at 22:41:21 necessary information and compliance.
14. Order be uploaded on the website of this Court forthwith.
AMIT SHARMA, J JANUARY 29, 2025/nk Click here to check corrigendum, if any 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 29/01/2025 at 22:41:21