Delhi High Court - Orders
Satish .... Petitioner/ vs The State Nct Of Delhi on 31 July, 2020
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
via Video-conferencing
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPL. 2003/2020
SATISH .... Petitioner/Applicant
Through: Mr. Kartickay Mathur, Adv.
versus
THE STATE NCT OF DELHI ...... Respondent
Through: Ms. Neelam Sharma, APP for the
State.
S.I. Jaspreet Pannu with complainant
in-person.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 31.07.2020 CRL.M.A. No. 10329/2020 (for exemption) Exemption is granted, subject to just exceptions and subject to the applicant completing all requirements of filing certified copies of annexures, attested affidavits and court fee within 10 days of physical re-opening of the court.
The application stands disposed of.
Bail Appl. No. 2003/2020 (anticipatory bail) & CRL.M.(B) No. 7779/2020 (for interim anticipatory bail) The applicant, who is accused in case arising from FIR No. 71/2020 dated 07.03.2020 registered under sections 363/354A IPC and section 12 of POSCO Act at PS : Patel Nagar, seeks anticipatory bail under section 438 Cr.P.C.
2. Mr. Kartickay Mathur, learned counsel for the applicant submits that the applicant, who is aged about 25 years was in a relationship with the BAIL APPL. 2003/2020 Page 1 of 3 complainant, who is aged about 17 years. Counsel draws attention to certain hand-written letters addressed by the complainant to the applicant to evidence the close relationship that the parties are stated to have had. Counsel also states that there are certain WhatsApp conversations between the parties which also bear-out this fact ; though copies thereof have not been placed on record. He further states however, that on the basis of a solitary incident of 20.02.2020, the subject FIR came to be registered on 07.03.2020 alleging offences under sections 363/354-D IPC and section 12 of POSCO Act.
3. Counsel points-out that sections 363/354-D are bailable offences; and though it is not specified whether the offence under section 12 of the POSCO Act is bailable, it may be taken as a non-bailable offence since the punishment extends to 3 years. But, counsel submits, that the presumption contained in section 29 of POSCO Act as to an accused having committed an offence is applicable only to offences under sections 3, 5, 7 and 9 and not to section 12.
4. Issue notice.
5. Ms. Neelam Sharma, learned APP appears for the State on advance copy ; accepts notice ; and seeks time to file status report.
6. Let status report be filed before the next date, with advance copy to the opposing counsel.
7. The complainant has also joined the video-conference hearing alongwith the Investigating Officer (I.O.) S.I. Jaspreet Pannu. This court has interacted with the complainant, who evidently appears to be a young girl. Upon being queried, the complainant says that she only knows the applicant since he is a neighbour ; that she has had no BAIL APPL. 2003/2020 Page 2 of 3 interaction with the applicant after 20.02.2020, when the applicant is alleged to have taken the complainant on his motorcycle. The complainant alleges however, that the applicant has been pressurising the complainant's mother to withdraw the complaint.
8. On being queried as to the steps taken in aid of investigation since the date of registration of the FIR on 07.03.2020, S.I. Jaspreet Pannu states that she was assigned the case only on 11.06.2020 ; and that before that the initial I.O. may have taken some steps, which she is not aware of. The I.O. further states that previous attempts at calling the applicant for questioning did not fructify since the applicant was not available at his residence; and his father said that he had gone out of station. No specifics are however available as regards the attempts made to call the applicant for investigation.
9. The admitted position is, that the FIR was filed on 07.03.2020 in respect of an alleged incident of 20.02.2020; and that between 07.03.2020 and today, no effort was made to arrest the applicant or seek custodial interrogation.
10. Accordingly, at this stage, while directing the applicant to join investigation as and when called, it is directed that no coercive steps shall be taken against the applicant till the next date of hearing.
11. At the I.O.'s request, the applicant is directed to appear before the I.O.
at PS : Patel Nagar for investigation on 05.08.2020 at 3:30 pm.
12. List on 16th September 2020.
ANUP JAIRAM BHAMBHANI, J.
2. JULY 31, 2020/uj BAIL APPL. 2003/2020 Page 3 of 3