Yogesh vs State (G.N.C.T. Of Delhi) on 21 July, 2020

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Delhi High Court - Orders

Yogesh vs State (G.N.C.T. Of Delhi) on 21 July, 2020

Bench: Anup Jairam Bhambhani

                                                    via Video-conferencing
$~1
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     BAIL APPL. 1816/2020
      YOGESH                                             ..... Applicant
                          Through:      Mr. Manish Kumar, Adv.
                          versus

      STATE (G.N.C.T. OF DELHI)           ...... Respondent
                      Through: Mr. Tarang Srivastava, APP for the
                                State.
      CORAM:
      HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                   ORDER

% 21.07.2020 CRL.M.A. No. 9653/2020 (for exemption) Exemption allowed, subject to just exceptions. The application stands disposed of.

BAIL APPL. 1816/2020

The petitioner, who is an undertrial in case FIR No. 767/2020 registered under sections 354A/354D/506 IPC and section 12 of the POCSO Act at PS : Sultanpuri, seeks regular bail.

2. At the outset, Mr. Tarang Srivastava, learned APP appearing for the State points-out that certain photographs of the minor girl, aged about 15 years, who is the complainant/prosecutrix in the present case, have been annexed alongwith the bail application; which photographs are wholly inappropriate, to say the least, and the filing of these photographs would amount to an offence under section 15 of the POCSO Act and section 228A IPC.

BAIL APPL.1816/2020 Page 1 of 2

3. It is further pointed-out that, as per the allegations in the FIR, the applicant is stated to have pressurised the complainant/prosecutrix to share inappropriate photographs upon threat of harm to her brother.

4. Prima-facie there is substantial merit in Mr. Srivastava's submission.

5. Accordingly, first and foremost, it is directed that the photographs annexed as Annexure P-7 (from pages 55 to 59) of the bail application be forthwith removed from the electronic file of the present application; and be retained only in a passcode-locked folder in the custody of the Deputy Registrar (Filing) of the High Court.

6. Let notice be issued without process fee to Ajay Kumar s/o Sh.

Banwari Lal resident of C-4/169 Sultanpuri, Delhi, who is the father and pairokar of the applicant and who has filed the affidavit in support of this application, to show cause why proceedings be not initiated inter alia under section 15 of the POCSO Act and section 228A IPC for filing the aforesaid photographs in the matter.

7. In addition, the Investigating Officer is also directed to serve a copy of this order personally upon the within-named Ajay Kumar within 3 days; and file a receipted copy on record.

8. List on 29th July 2020.

ANUP JAIRAM BHAMBHANI, J.

2. JULY 21, 2020/uj BAIL APPL.1816/2020 Page 2 of 2

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Delhi High Court - Orders