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$-4 n . ' HIGH COURT OF DELHI
BAIL APPLN.2429/2016 and Crl.M.(Bail)No.2104/2016
SHRIPAL SHARMA
Petitioner
Through: Mr.Prem Kumar,Advocate.
$-4 n . ' HIGH COURT OF DELHI
BAIL APPLN.2429/2016 and Crl.M.(Bail)No.2104/2016
SHRIPAL SHARMA
Petitioner
Through: Mr.Prem Kumar,Advocate.
VERSUS
STATE OF NOT OF DELHI..... Respondent
Through: Ms.Kusum Dhalla,APP for State with W/SI Satyawati,P.S.Khyala,Delhi.
Through: Ms.Kusum Dhalla,APP for State with W/SI Satyawati,P.S.Khyala,Delhi.
CORAM:
HON'BLE MR.JUSTICE I.S.MEHTA
14.12.2016 Casetaken uptoday,as 12"^December,2016 was declared aholiday.
This is an application under Section 439 read with Section 482
Cr.P.C. filed on behalfofthe petitioner Shripal Sharma for grant ofbail in case FIR No.484/2015, under Sections 363/366/328/34 IPG read with
Section 8 ofPOCSO Act,registered atPolice Station Khyala,Delhi.
Learned counsel for the petitioner has submitted that the petitioner is an innocent person having no nexus with the allegations made in the FIR bearing No.484/2015,under Sections 363/366/328/34 IPG read with Section
8 of the POGSO Act, registered at Police Station Khyala, Delhi. Counsel further submits that the complainantus a major and further submitted that as per the statement of the prosecutrix recorded before the Court below, the complainant/victim is of 17 years of age. Counsel further submits that the
2016:DHC:8750 petitioner is injudicial custody since September,2015. Learned counsel for the petitioner has further submitted that during her cross-examination, the prosecutrix has admitted that she developed friendly relations with
Sanjay, brother of the present petitioner. Counsel further submits that the said Sanjay is on regular bail. Counsel further submits that the aforesaid admission of the prosecutrix is at page 84 of the paper book, which is reproduced as under
" Sanjay developedfriendly relationship with me and we usedto talk through mobilephone ofmyfather with the.
JCL on his mobilephone ".
Learned counsel for the petitioner has further submitted that there are love letters written by the prosecutrix to the aforesaid Sanjay,brother ofthe present petitioner. Counsel further submits that since the petitioner is no longer required for further investigation and he is in judicial custody since
06.09.2015 and the victim/prosecutrix has already been: examined in the
Court and further trial ofthe case is likely to take time,no purpose would be served if he is kept further in judicial custody, hence the petitioner may be released on bail.
On the other hand,learned APP for the State vehemently opposes the present bail application and submitted thatthe bail application ofthe present
I petitioner deserves to be dismissed. Status report has also been filed by the
State.
From the perusal of material placed on record, it is revealed that the prosecutrix/victim is of17 years ofage on the date when she was examined.
She also admits that she had fallen in love with Sanjay^ brother of the present petitioner, which has been reproduced above. Sanjay, brother ofthe petitioner is on regular bail.
Inthesecircumstances,onthe pointofparity,Iadmitthepetitioneron bail,on hisfurnishing bail bondinthesum ofRs.10,000/-withonesuretyof the like amounttothe satisfaction oftheconcerned Metropolitan Magistrate with the condition that the petitioner shall not leave the country without prior permission of the Court concerned and shall not tamper with the prosecution evidence and he shall also not contact the prosecutrix/victim in any manner.It is, however clarified thatthis ordershall not affectthe merits ofthe case.
The present bail application is disposed ofin the aboveterms.
Copy ofthis order be given dasti,as prayed.
DECEMBER 14,2016 'dc' TA,J
14.12.2016 Casetaken uptoday,as 12"^December,2016 was declared aholiday.
This is an application under Section 439 read with Section 482
Cr.P.C. filed on behalfofthe petitioner Shripal Sharma for grant ofbail in case FIR No.484/2015, under Sections 363/366/328/34 IPG read with
Section 8 ofPOCSO Act,registered atPolice Station Khyala,Delhi.
Learned counsel for the petitioner has submitted that the petitioner is an innocent person having no nexus with the allegations made in the FIR bearing No.484/2015,under Sections 363/366/328/34 IPG read with Section
8 of the POGSO Act, registered at Police Station Khyala, Delhi. Counsel further submits that the complainantus a major and further submitted that as per the statement of the prosecutrix recorded before the Court below, the complainant/victim is of 17 years of age. Counsel further submits that the
2016:DHC:8750 petitioner is injudicial custody since September,2015. Learned counsel for the petitioner has further submitted that during her cross-examination, the prosecutrix has admitted that she developed friendly relations with
Sanjay, brother of the present petitioner. Counsel further submits that the said Sanjay is on regular bail. Counsel further submits that the aforesaid admission of the prosecutrix is at page 84 of the paper book, which is reproduced as under
" Sanjay developedfriendly relationship with me and we usedto talk through mobilephone ofmyfather with the.
JCL on his mobilephone ".
Learned counsel for the petitioner has further submitted that there are love letters written by the prosecutrix to the aforesaid Sanjay,brother ofthe present petitioner. Counsel further submits that since the petitioner is no longer required for further investigation and he is in judicial custody since
06.09.2015 and the victim/prosecutrix has already been: examined in the
Court and further trial ofthe case is likely to take time,no purpose would be served if he is kept further in judicial custody, hence the petitioner may be released on bail.
On the other hand,learned APP for the State vehemently opposes the present bail application and submitted thatthe bail application ofthe present
I petitioner deserves to be dismissed. Status report has also been filed by the
State.
From the perusal of material placed on record, it is revealed that the prosecutrix/victim is of17 years ofage on the date when she was examined.
She also admits that she had fallen in love with Sanjay^ brother of the present petitioner, which has been reproduced above. Sanjay, brother ofthe petitioner is on regular bail.
Inthesecircumstances,onthe pointofparity,Iadmitthepetitioneron bail,on hisfurnishing bail bondinthesum ofRs.10,000/-withonesuretyof the like amounttothe satisfaction oftheconcerned Metropolitan Magistrate with the condition that the petitioner shall not leave the country without prior permission of the Court concerned and shall not tamper with the prosecution evidence and he shall also not contact the prosecutrix/victim in any manner.It is, however clarified thatthis ordershall not affectthe merits ofthe case.
The present bail application is disposed ofin the aboveterms.
Copy ofthis order be given dasti,as prayed.
DECEMBER 14,2016 'dc' TA,J
JUDGMENT