Delhi High Court - Orders
Aditya Raj vs State And Anr on 19 May, 2023
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 958/2023
ADITYA RAJ ..... Petitioner
Through: Ms.Vagisha Kochar, Advocate
versus
STATE AND ANR. ..... Respondents
Through: Mr. Shoaib Haider, APP for the State
with Insp. Rajbir Singh, P.S. Punjabi
Bagh
Mr.Sujeet Beniwal and Mr. Tushar
Rohmetra, Advocates for the
complainant.
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 19.05.2023
CRL.M.(BAIL) 701/2023
1. Vide the present application, the applicant/petitioner being accused in FIR no.653/2022 dated 18th October, 2022 registered under Sections 376/354C/354D/506, IPC and Section 6, POCSO Act and Sections 66E/67/67A, The Information Technology Act, 2000 at P.S. Punjabi Bagh, District, West, New Delhi, seeks release on interim bail for a period of two weeks to appear in the UPSC examination to be held on 28th May, 2023.
2. Vide order dated 17th May, 2023, notice was issued and learned APP for the State was directed to submit a Status Report verifying the said details.
BAIL APPLN. 958/2023 Page 1 of 4This 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 24/09/2023 at 17:51:40
3. Today, learned APP for the State has handed over the Status Report in Court verifying the details of the said examination. The same is taken on record.
4. Learned APP for the State further submits that he has no objections if the said application is allowed.
5. Learned counsel for respondent no.2 has entered appearance and submits that in view of the past conduct of the accused, the bail be granted subject to strict conditions and for a very minimal period.
6. Accordingly, in view of the submissions made and considering the ground on which the interim bail has been sought, the application is allowed and the petitioner is granted interim bail for a period of seven days from the date of his release on 23rd May, 2023 subject to the following conditions:-
(i) The petitioner shall furnish a personal bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with one surety in the like amount from a family member, to the satisfaction of the Jail Superintendent.
(ii) The petitioner shall not leave the Delhi NCR without prior permission of this Court and shall ordinarily reside at the address as per prison records.
(iii) The petitioner shall present himself before the Investigating Officer/S.H.O. P.S. Punjabi Bagh every alternate day between 11:00 am and 11:30 am to mark his presence. However, he will not be kept waiting longer than an hour for this purpose.
(iv) The petitioner shall furnish to the Investigating Officer/S.H.O. P.S. Punjabi Bagh a cell-phone number of any one family member on which the petitioner may be contacted at any time and shall ensure BAIL APPLN. 958/2023 Page 2 of 4 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 24/09/2023 at 17:51:40 that the number is kept active and switched-on at all times.
(v) In addition to the above, the petitioner shall share his real- time/live-location on Google Maps with the Investigating Officer and shall keep that setting 'on' at all times during the period of interim bail, so that the I.O. may be able to verify the petitioner's location, at any time.
(vi) If the petitioner has a passport, he shall surrender the same to the Jail Superintendent and shall in no case travel out of the country without prior permission of this court.
(vii) The petitioner shall not contact, nor visit, nor offer any inducement, threat or promise to any of the prosecution witnesses or other persons acquainted with the facts of case. The petitioner shall not tamper with evidence nor otherwise indulge in any act or omission that is unlawful or that would prejudice the proceedings in the pending trial.
(viii) Upon expiry of the seven days period of interim bail, the petitioner shall surrender before the Jail Superintendent by or before 12:00 PM on 29th May, 2023.
7. Furthermore, considering the gravity of the situation and the seriousness of the offences alleged against the petitioner, this Court is of the view that it would be in the interest of justice that while being enlarged on interim bail for the aforesaid period of seven days, the petitioner shall neither access any internet connection nor use any social media platforms/applications such as WhatsApp, E-mail, Facebook, Instagram, YouTube, Snapchat, Telegram or like.
8. A copy of the order be sent to the Jail Superintendent for information BAIL APPLN. 958/2023 Page 3 of 4 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 24/09/2023 at 17:51:40 and compliance forthwith.
9. The application is accordingly disposed of.
SAURABH BANERJEE, J.
MAY 19, 2023/akr BAIL APPLN. 958/2023 Page 4 of 4 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 24/09/2023 at 17:51:41