Sanjay Sunaya v. The State (Govt of NCT of Delhi)

1. Vide this order, I shall dispose of an anticipatory bail application filed under section 438 Cr.P.C on behalf of the petitioner Sanjay Sunaya in FIR No. 560/2019 u/s. 354/354-A/506 IPC & 8 POCSO Act, PS Kalyanpuri.

2. Ld. Counsel for the petitioner has prayed for anticipatory bail on the ground that petitioner is innocent and has been falsely 2020:DHC:1446 implicated. It is submitted that no incident as alleged by the complainant was occurred on 06.12.2019 and in the audio and video recording of the incident dated 07.12.2019, complainant herself has admitted that no such incident has occurred on 06.12.2019 and she has lodged a false FIR against the petitioner. It is further submitted that petitioner has clear antecedents and is ready to join the investigation as and when required. It is, therefore, prayed that in the event of arrest, he be released on bail.

3. Ld. APP for the State has opposed the anticipatory bail petition on the ground that the allegations against the petitioner are serious in nature. Petitioner is also involved in three more cases which are as follows

┌───────────────────────────────────────────────────────────────────────────────────────┐
│ Sl.no.           FIR no.                Under Sections                                │
├───────────────────────────────────────────────────────────────────────────────────────┤
│ 1                125/2010               323/341/427/506/34 IPC                        │
│ 2                452/2017               341/323/376/377/506/509/34                    │
│                                         IPC                                           │
│ 3                578/2017               323/354/452/506/509/34 IPC                    │
│ 4.       In view of the above, Ld. APP, has prayed for dismissal of the               │
│ Bail appl no. 174/2020                                   Page 2 of 4                  │
│                                                                       2020:DHC:1446   │
└───────────────────────────────────────────────────────────────────────────────────────┘

6. The allegations against the petitioner are serious in nature. Victim was minor at the time of commission of offence. The case is at a very initial stage of investigation. The authenticity of the audio and video recording will be considered at the appropriate stage. Keeping in mind the fact that petitioner is previously involved in three other criminal cases and proceeding under Section 82 Cr.P.C. has been issued against him in the present case, no grounds for anticipatory bail are made out at this stage. The anticipatory bail application is, therefore, dismissed and stands disposed of accordingly.

BRIJESH SETHI, J FEBRUARY 28, 2020 Ak