Chandra Mohan Khandelwal v. The State & Ors.

Delhi High Court · 19 Jul 2023 · 2023:DHC:4982
Dinesh Kumar Sharma
BAIL APPLN. 3591/2021
2023:DHC:4982
criminal appeal_allowed

AI Summary

Anticipatory bail granted to accused in molestation case after charge sheet filing, subject to conditions ensuring investigation integrity.

Full Text
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BAIL APPLN. 3591/2021
HIGH COURT OF DELHI
BAIL APPLN. 3591/2021
CHANDRA MOHAN KHANDELWAL ..... Petitioner
Through: Mr. Rajeev Kumar and Mr. Sandeep Vashisht, Advs.
VERSUS
THE STATE & ORS. ..... Respondent
Through: Mr. Amit Sahni, APP for the State with W/PSI Kiran Dayal, PS Moti
Nagar
Date of Decision: 19th July, 2023
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J.
(Oral)

1. This is a petition filed by the petitioner under Section 438 Cr.P.C. seeking grant of anticipatory bail in case FIR No. 529/2021 under Sections 354 IPC, under Section 8 of POCSO Act, under Section 3/4 Child Labour Act and under Section 79 JJ Act registered at Police Station: Moti Nagar.

2. The briefly stated facts of the case are that the present FIR was registered on the statement of prosecutrix ā€˜J’ on 29.08.2021, wherein she alleged thatshe was working along with her mother and brother at Home Sajawat Showroom where her petitioner/boss used to molest her.

3. It is submitted that the Interim protection was granted by this Court vide order dated 01.10.2021 which is continuing till date. IO has stated that the charge sheet has already been filed and the petitioner had joined the investigation as and when directed.

4. There is also no report of misuse of the liberty granted to the petitioner by this Court.

5. In these circumstances, as the charge sheet has already been filed, the petitioner is admitted to bail on furnishing of personal bond of Rs. 10,000/- with a surety of the like amount to the satisfaction of the learned Trial Court subject to the conditions: (a) the petitioner shall not threaten or intimidate the witnesses and shall not tamper with the evidence in any manner; (b) the petitioner shall cooperate in the investigation;

(c) the petitioner shall disclose his mobile number in the bail bond;

(d) in case of change of residential address and/or mobile number, the petitioner shall intimate the same to the Investigating Officer/ Court concerned by way of an affidavit.

6. With these directions, the present bail application stands disposed of.

DINESH KUMAR SHARMA, J JULY 19, 2023