Mandeep Gujral v. State (Govt of NCT of Delhi)

1. Petitioner seeks anticipatory bail in FIR No.18/2018 under Sections 376/506 IPC and Section 6 POCSO Act, Police Station Paschim Vihar.

2. Petitioner was granted interim protection by order dated 25.05.2018 subject to joining investigation.

3. Learned APP for the State submits that the investigation is complete and chargesheet has been filed, however, as there was an interim protection by this Court, chargesheet has been filed without arrest.

4. Since chargesheet has been filed, learned counsel for the petitioner 2018:DHC:7625 BAIL APPLN. 1250/2018 seeks liberty to approach the Trial Court for grant of regular bail.

5. In view of the above, the petition is disposed of with a direction to the petitioner to approach the Trial Court for grant of regular bail within a period of one week from today.

6. In the event the petitioner applies for grant of regular bail before the Trial Court, the interim protection granted to the petitioner, by order dated 25.05.2018, shall enure to the benefit of the petitioner till the disposal of the application for grant of regular bail by the Trial Court. In case the Trial Court dismisses the application of the petitioner seeking regular bail, the interim protection granted to the petitioner shall continue for a period of one week thereafter.

7. The petition is disposed of in the above terms.

8. It is clarified that this court has neither considered nor commented upon the merits and the Trial Court is at liberty to consider the application for bail without being influenced by anything stated herein.

9. Further, it is clarified that if the petitioner fails to file an application for Bail within a period of one week, the interim protection shall automatically lapse.

10. Order Dasti under the signatures of the Court Master.

DECEMBER 04, 2018 SANJEEV SACHDEVA, J st