Delhi High Court - Orders
Shivan @ Saivan vs State Of Nct Of Delhi on 25 August, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2313/2021
SHIVAN @ SAIVAN ..... Petitioner
Represented by: Mr. Nitin Sharma, Mr. Sanjay Kumar,
Advs.
versus
STATE OF NCT OF DELHI ..... Respondent
Represented by: Mr. Ravi Nayak, APP for State with
SI Rooma, PS Khyala.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 25.08.2021 The hearing has been conducted through Video Conferencing.
1. By this petition the petitioner seeks interim bail for a period of 45 days to look after his parents in case FIR No. 122/2020 under Sections 363/366/376 IPC and Section 6 of the POCSO Act registered at PS Khayala.
2. Learned APP for the State submits that notice of hearing of the Bail Application today has already been given to the father of the prosecutrix who is the complainant in the FIR, however none appears on behalf of the complainant.
3. The above-noted FIR was initially registered under Section 363 IPC when the father of the prosecutrix stated that his daughter has left the house on 1st February, 2020 at 3.00 PM without telling anybody and he is not able to trace out her whereabouts. Later the prosecutrix was recovered on 22nd February, 2020 from the house of the present petitioner and after counselling her statement was recorded. Her statement was also recorded under Section Signature Not Verified BAIL APPLN. 2313/2021 Page 1 ofSigned Digitally 2 By:JUSTICE MUKTA GUPTA Signing Date:25.08.2021 19:44:14 164 Cr.P.C. wherein she stated that she went along with the petitioner with her own consent, got married and established physical relationship. The prosecutrix being a minor as per the date of birth mentioned in the school record, offence under Section 376 IPC and Section 6 of the POCSO Act are prima facie made out against the petitioner. The prosecutrix has since been examined before the learned Trial Court wherein she has reiterated her statement made under Section 164 Cr.P.C.
4. Be that as it may, the allegations against the petitioner are of establishing physical relationship with a minor whose consent is immaterial. However, by the present petition the petitioner seeks interim bail on the ground that he has to look after his aged parents.
5. As noted above, the prosecutrix has since been examined and the trial is likely to take some time. Consequently, the petitioner is directed to be released on interim bail for a period of four weeks from the date of his release on his furnishing a personal bond in the sum of ₹25,000/- with one surety bond of the like amount subject to the satisfaction of the learned Trial Court, further subject to the condition that the petitioner will reside in his village Navdiya, Serpur Kalan, Piliphit, U.P. during the period of interim bail and will not in any manner come across the family of the prosecutrix.
6. Petition is disposed of.
7. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
AUGUST 25, 2021 'ga' Signature Not Verified BAIL APPLN. 2313/2021 Page 2 ofSigned Digitally 2 By:JUSTICE MUKTA GUPTA Signing Date:25.08.2021 19:44:14