Navneet Saxena v. State

SHAKUN ANAND 31.01.2019 13:17 $~32 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 192/2019 & Crl.M.A. 1639/2019 NAVNEET SAXENA ..... Petitioner Through:

Mr. M.N. Dudeja & Mr. Neeraj Bhardwaj, Advocates.

versus STATE ..... Respondent Through:

Mr. Amit Ahlawat, APP for the State.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 24.01.2019 The petitioner was arrested on 16.12.2018 during the course of investigation in case FIR no. 607/2018 involving offences punishable under Sections 354/506/34 IPC and Section 12 of Protection of Children from Sexual Offences Act, 2012. The prosecutrix is described as a girl aged 17 years. She herself stated that she had visited the house of the petitioner late in the night after 9.00 p.m. on 15.12.2018 in the context of work of stitching of her clothes. She would not clarify as to whom the said work had been entrusted.

The petitioner's case, on the other hand, is that the work of stitching of clothes is carried on by his wife who was five months' pregnant and that her refusal to entertain the prosecutrix at such late hour had provoked the prosecutrix into becoming quarrelsome. The investigation has not yet concluded but given the facts and circumstances no useful purpose would be served by keeping the petitioner in continued custody. He is directed to be released on bail subject to the following conditions:- (i).

The petitioner shall furnish a personal bond in the sum of BAIL APPLN. 192/2019

Rs.10,000/- with one surety in like amount to the satisfaction of the trial court;

(ii).

Prior to his release, he shall give the telephone numbers of self and of at least one other responsible family member besides that of the surety to the trial court;

(iii). He shall join the investigation as and when called upon by the investigating officer to do so;

(iv).

He shall scrupulously appear at each and every stage of the proceedings before the trial court so as not to cause any obstruction or delay to its progress;

(v).

He shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; and (vi).

He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

The bail application and the application filed therewith disposed of in these terms.

A copy of this order shall be transmitted to the jail authorities and to the trial court.

Dasti under the signatures of Court Master.

R.K.GAUBA, J.

JANUARY 24, 2019 Nk BAIL APPLN. 192/2019