Monu v. State

$~3 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 430/2019 MONU ..... Petitioner Through:

Mr. Ravi Kant Kaushal & Mr. K.S.

Sharma, Advs.

versus STATE ..... Respondent Through:

Mr. Amit Ahlawat, APP for the State with SI Ajeet Kumar, PS Sangam Vihar.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 11.03.2019 The petitioner is facing trial in sessions case (no. 79/2018) arising out of FIR no. 573/2017 of police station Sangam Vihar on the charge for offences punishable under Sections 363/366/342/376 of Indian Penal Code, 1860 (IPC) and Section 4 of Protection of Children from Sexual Offences Act, 2012. The investigation had brought out sufficient evidence confirming the complicity of the petitioner in the said offences and on such basis cognizance having been taken and the case having been committed, the trial court found grounds to put the petitioner on trial. The prosecutrix girl concededly aged about 15 years on the relevant date has already been examined at the trial (as PW-1) her deposition indicating it to have confirmed the prosecution version. The theory of the petitioner that the accusations are false, and that he had only helped as a good samaritan, to BAIL APPLN. 430/2019

provide shelter to the prosecutrix for the night in the house of an acquaintance, she being in love with his brother, is not found appealing. It is noted that suggestions put in for such defence have been refuted by the prosecutrix during her testimony. It will be for the petitioner to prove the said defence by proper evidence being adduced at the trial. Having regard to the gravity of the offences involved, no good ground is made out to release the applicant on bail. The petition is dismissed.

R.K.GAUBA, J MARCH 11, 2019 nk BAIL APPLN. 430/2019