Vikrant Chauhan v. The State NCT Of Delhi

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 108/2017 VIKRANT CHAUHAN ..... Petitioner Through:

Ms. Narmada, Advocate.

versus THE STATE NCT OF DELHI ..... Respondent Through:

Ms. Radhika Kolluru, APP along with SI Harindra Singh, PS-Roop Nagar, for the State.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 20.01.2017 Issue notice. Ms. Kolluru accepts notice.

The petitioner seeks anticipatory bail under Section 438 Cr.P.C. in case FIR No.312/2016 under Section 506/ 509/ 354 IPC registered at PS - Roop Nagar.

The submission learned counsel for the petitioner is that the petitioner is not named in the FIR. However, he has been implicated in the statement of the prosecutrix recorded under Section 164 Cr.P.C. She further submits that the main accused Kishore Singh has been granted regular bail. Learned counsel further submits that the petitioner is ready & willing to join the

investigation.

On the other hand, Ms. Kolluru has read out the entire statement of the prosecutrix recorded under Section 164 Cr.P.C. If the said statement is to be believed, the petitioner is the kingpin of a group of young boys, who are troubling the prosecutrix and her family members time and time again. They have been threatening the prosecutrix in all possible ways. It is also pointed out by Ms. Kolluru that the petitioner had even earlier sought to misbehave with the prosecutrix and he has given a written apology in that respect. In fact, at the time of his apprehension, the main accused Kishore Singh had even stated that he has got trapped because of the petitioner herein.

Looking to the aforesaid circumstances, since I expressed my view that I am not inclined to grant any relief to the petitioner, learned counsel for the petitioner has submitted that the petitioner shall not visit the area where the prosecutrix resides, at all.

In view of the aforesaid undertaking given on behalf of the petitioner, which shall bind the petitioner, it is directed that in case of his arrest the petitioner shall be released on bail upon furnishing personal bond with one surety in the sum of Rs.25,000/- to the satisfaction of the arresting officer/ I.O. This is further subject to the condition that the petitioner shall not get in touch with the prosecutrix or any of her family members or any other witnesses and shall not seek to tamper with any evidence, or coerce any witnesses. This is further subject to the condition that the petitioner shall not go or be seen in the area within a radius of 200 metres of the residence of the prosecutrix where the prosecutrix and her family members reside. The SHO, PS-Roop Nagar shall ensure that the Division Officer and

the Beat Constable of the area are sensitised with regard to the protection of the prosecutrix and her family members from any threat or harm that may be perceived from the petitioner or his other friends, including the main accused Kishore Singh.

The SHO, PS - Roop Nagar shall also initiate the process of installation of CCTV cameras at appropriate locations at streets and also ensure that proper lighting is provided in the streets at night times. Steps in this regard shall be taken by the SHO within three days. The Government of NCT of Delhi is also directed to ensure that the facilities are provided without any delay.

VIPIN SANGHI, J JANUARY 20, 2017 B.S. Rohella