Sanjay v. The State & Anr.

Delhi High Court · 25 Jan 2023 · 2023:DHC:595
Dinesh Kumar Sharma
BAIL APPLN. 3167/2022
2023:DHC:595
criminal bail_granted

AI Summary

Bail was granted to the accused under Section 439 Cr.P.C. in a Section 363 IPC case where the minor prosecutrix voluntarily accompanied the accused and had no complaint against him.

Full Text
Translation output
Neutral Citation Number 2023/DHC/000595
BAIL APPLN. 3167/2022
HIGH COURT OF DELHI
BAIL APPLN. 3167/2022
SANJAY ..... Petitioner
Through: Mr.Rajesh Kumar Singh, Advocate
VERSUS
THE STATE & ANR. ..... Respondents
Through: Mr.Amit Sahni, APP for the State.
Date of Decision: 25.01.2023
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J.
(Oral)

1. Present application has been moved under Section 439 Cr.P.C. for bail in case FIR No.371/2022 under Section 363 IPC registered at PS Samaipur Badli.

2. Learned counsel for the petitioner submits that the prosecutrix had gone with the petitioner at her own will. Learned counsel submits that investigation in this case is already complete and trial may take a long time. Learned counsel submits that the petitioner /accused is in custody since 18.05.2022. Therefore, bail may be granted.

3. Prosecutrix is also present in court. She states that she has no complaint against the petitioner.

4. Learned APP for the State has filed the status report, however, it has not been brought on record. Let it be brought on record.

5. In the status report it has already been stated that during the investigation statement of prosecutrix has been recorded where she has stated that nothing has happened between her and the petitioner. She went to the petitioner on her own.

6. In the status report it has also been stated that the date of birth of the prosecutrix is 01.05.2005.

7. Taking into account the totality of the facts and circumstances of the case and that the charge-sheet has already been filed, the petitioner is admitted to court bail on his furnishing personal bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of the learned trial court subject to the following conditions: a) the petitioner shall not leave the city; b) the petitioner shall not directly or indirectly make any inducement, threat or promise to the prosecutrix and any person acquainted with the facts of the case; c) the petitioner shall provide his/her mobile number(s) to the Police Officer In Charge of the case and keep it operational at all times; d) the petitioner shall drop a PIN on the Google map to ensure that his location is available to Police Officer In Charge of the case; and e) in case of change of residential address and/or mobile number, the petitioner shall intimate the same to the Police Officer In Charge of the case / Court concerned by way of an affidavit.

8. With the above directions, the bail application stands disposed of.

9. A copy of the order be sent to concerned Jail Superintendent for information and compliance.

10. Copy of the order be given dasti under signature of the Court Master.

DINESH KUMAR SHARMA, J JANUARY 25, 2023