Umar Faruq v. The State Govt. of NCT Delhi

1. Learned counsel appearing for the petitioner in the above matters submits that the main accused namely,Chahat Ali has already been granted B/l/L APPLN. 1120/2021 & 1121/2021 Page / of[4] 2022:DHC:5973 % o/' anticipatoiy bail bythe learned SessionsJudgevideorder dated09.08.2021. Thecopyofthesaidorderhasbeenfiledonrecord. Therelevantparagraph ofthe said order is reprodueed hereunder:- "Policefileproduced byfirst10andperused.From perusalof p icefile submissions ofdefence counselappears to be correct exceptto the extentofseizure ofany CCTVfootage. Third10on inquiry has submitted thatfirst 10 saw CCTVfootage in this regard butdidnotfindany white carpassingthrough atrelevant pointoftime and that CCTVfootage in this regard was thus not seized. FromperusalofstatementofoneRitesh Talwar U/Sec.l61 Cr.P.C who allegedlyrescuedvictim in thiscase,itdoesnotappearthat victim was in custody ofanyone or even was running when he made hersiton hisscooty.Asperhisstatement,victim wasgoing onfootandthree boysinacarandoneauto driverweretryingto make victim sitwith themforciblyin theirrespective vehiclesand were makinggesturesfor the same. Asper hisstatementfurther, age ofboyssittingin the car mustbe around20-25years. On an inquiry from third 10, he has submitted that accused/applicantmightbeagedaround20yearsandco-accused mightbe in the age group of40-45years. On inquiryfrom victim,she againsubmittedthatshe couldnotsee facesofpersons who kidnappedher asthey were wearing masks. She on inquiry as to why then she tooknamesofaccusedpersons in her statements, she hassubmitted thatshe wasperplexed and took name ofaccusedpersons. Third10 on inquiry hassubmitted that custody ofaccused is not requiredfor thepurpose ofinvestigation. Ld. Addl. PP for State has submitted that earlier FIR under provisions of POCSO Act has been got lodged against accused/applicantathandsofvictim andthatvictim has been BAIL APPLN.1120/2021 <6 1121/2021 Page2of[4] influencedto such an extentthatshe submittedasrecordedabove. Onfurther inquiiyfrom victim as to whether she is under any threat,force, coercion or allurement to make submissions,asshe made today to which she has submitted that whatever she has submitted before this Court today is voluntarily and she was not under any threat,force, coercion or allurement while making the same. Keeping in view the circumstances as have come on record as recorded above,Iam ofthe view that case is made out to allow anticipatory bail application of accused. Anticipatory bail application ofaccused is accordingly allowed."

2. It has been submitted thatthe accused persons have alreadyjoined the investigation and are also ready to fully cooperate as and when called by the Investigating Officer. Thevictim is presentin Courtandthelearned counsel appearing on behalfofthe victim submits that she stands by her statement which was made before the learned Sessions Judge.

3. Learned APP for the State submits that the investigation is under process andthe location ofthe presentpetitioners stand verified onthe basis ofthe Call Detail Record.

4. Since both the petitioners have undertaken to fully cooperate in the investigation,the Investigating Officer may continue the investigation and after completion ofthe investigation the charge-sheet/final report be filed before the concerned Court. They are entitled to anticipatory bail on the ground ofparity.

5. Intheeventofarrest,thelO/SHO is directed to releasethe petitioners onbailonfurnishingpersonalbondinthesumofRs.20,000/-each withsurety ofthe like amount to the satisfaction ofthe lO/SHO with conditions tltat (i)theyshalljointheinvestigationandfullycooperatewiththesameasand Page 3 of[4] BAILAPPLN. 1120/2021 & 1121/2021 when called by the Investigating Officer;

(ii) they shall not contact, coerce or allure the victim and other witnesses in the present case.

6. Both the petitions stand disposed ofin the above terms.