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Bavneet Singh Alagh vs The State (Nct Of Delhi) on 26 October, 2021

Author: Yogesh Khanna

Bench: Yogesh Khanna

                                $~44
                                *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +    BAIL APPLN. 3828/2021
                                     BAVNEET SINGH ALAGH                               ..... Petitioner
                                                       Through : Mr.Pradeep Kumar Arya, Mr.Rana
                                                                   Kunal, Advocate and Mr.Kapil
                                                                   Dhaka, Advocates.
                                                       versus
                                     THE STATE (NCT OF DELHI)                   ..... Respondent
                                                       Through : Mr.M.S.Oberoi, APP for the State
                                                                   with WSI Manisha, PS Hari Nagar.
                                     CORAM:
                                     HON'BLE MR. JUSTICE YOGESH KHANNA
                                                       ORDER

% 26.10.2021

1. The hearing has been conducted through Video Conferencing.

2. Exemption allowed, subject to all just exceptions.

3. The application stands disposed of.

4. Petitioner is seeking anticipatory bail in case FIR No.538/2021 under Section 354/506 IPC and Section 10 of the POCSO Act registered at police station Hari Nagar.

5. The incident as alleged in the FIR is dated 21.03.2021 and the complaint was lodged on 24.09.2021 when the above FIR was registered. The learned counsel for the petitioner has gone through the whatsapp chats exchanged between the prosecutrix and the petitioner herein even after the alleged date of incident viz April-May 2021 wherein both are conversing with each other and there is no iota of evidence as to if such alleged incident ever happened, as claimed by the learned counsel for the petitioner.

6. Issue notice. Learned APP accepts notice and seeks to file status Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:27.10.2021 16:24 report. As sought, status report and verification report qua above fact(s) be filed before the next date of hearing with an advance copy thereof to the learned counsel for petitioner through email.

7. The victim be informed about the next date of hearing through the SHO/Investigating Officer concerned.

8. List on 04.02.2022 and subject to petitioner's joining the investigation as and when called for by the Investigating Officer /SHO concerned, the petitioner be not arrested in this case till the next date of hearing.

YOGESH KHANNA, J.

OCTOBER 26, 2021 M Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:27.10.2021 16:24