Delhi High Court - Orders
Mahavir Kumar vs The State (Gnctd) on 25 March, 2022
Author: Prateek Jalan
Bench: Prateek Jalan
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 4445/2021
MAHAVIR KUMAR ..... Petitioner
Through:Dr. Karnika Seth, Advocate with
Mr. Vineet Mehta, Advocate.
versus
THE STATE (GNCTD) ..... Respondent
Through: Mr. Amit Chadha, APP for State
with Inspector Rupesh Kumar
Khatri, PS-Civil Lines.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 25.03.2022 The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].
1. The petitioner seeks regular bail in FIR No. 325/2021, dated 30.08.2021, registered at Police Station- Civil Lines, under Section 354(D) of the Indian Penal Code, 1860, Section 12 of the Protection of Children from Sexual Offences Act, 2012, and Section 66(E) of the Information Technology Act, 2000. Although, a Status Report has been filed by the respondent-State, I find that no notice has yet been issued to the complainant. The Investigating Officer ["IO"] is directed to inform the complainant of the next date of hearing so that she can also be duly represented.
2. Dr. Karnika Seth, learned counsel for the applicant, draws my attention to a Note filed by her on 05.02.2022 vide diary No. 147159, wherein certain suggestions have been made as to the manner in which the petitioner's use of internet can be tracked by the investigating agency, Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:25.03.2022 20:02:10 BAIL. APPLN. 4445/2021 Page 1 of 2 in the event Court is inclined to grant him bail.
3. Mr. Amit Chadha, learned Additional Prosecutor for the State, is directed to take instructions on this aspect, and file an Additional Status report, if necessary.
4. Dr. Seth further states that the petitioner is a student in 2nd Year of the M.Tech (Dual Degree-5 years) (Metallurgical and Materials Engineering) at the Indian Institute of Technology, Kharagpur ["the Institute"]. He has been pursuing the course online during the period he has been in custody. However, the Institute has now announced offline examinations which are scheduled from 07.04.2022 to 13.04.2022. She submits, without prejudice to the contentions in this application, that the applicant be released on interim bail for this period to enable him to take the examinations. The applicant has filed two notices in support of this contention vide diary Nos. 315537 and 328438. Mr. Chadha states that these documents have not been served upon him. Dr. Seth will hand over the documents to Mr. Chadha in the course of the day. The IO is directed to verify the contents of the same, and file a Status Report in this regard before the Court on or before the next date of hearing. The applicant is also at liberty to make an appropriate application for interim bail. The prosecutrix must also be served with the interim bail application, if made by the petitioner.
5. List on 01.04.2022.
PRATEEK JALAN, J MARCH 25, 2022 'vp'/ Click here to check corrigendum, if any Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:25.03.2022 20:02:10 BAIL. APPLN. 4445/2021 Page 2 of 2