Ramesh Yadav v. State Through Standing Counsel Criminal High Court Of Delhi

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1972/2020 RAMESH YADAV ..... Petitioner Through:

Mr.Anubhav Mehrotra, Advocate versus STATE THROUGH STANDING COUNSEL CRIMINAL HIGH COURT OF DELHI ..... Respondent Through:

Mr. Ashok Kumar Garg , APP for State With SI Vijay Singh.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 20.08.2020 (Hearing through Video Conferencing) In terms of the order dated 5.8.2020, the State has submitted on record the statement under Section 164 Cr.P.C. of the minor children recorded by the learned Metropolitan Magistrate on 29.7.2019. The applicant in the instant case seeks the grant of anticipatory bail in relation to the FIR No. FIR No.157/2019, PS Vijay Vihar under Sections 3/14 Child Labour (Prohibition and Regulation) Act, under Sections 75/79 JJ Act as well as under Sections 370/374/34 of the Indian Penal Code, 1860.

The notice of the said application had been issued to the State vide order dated 30.07.2020. The status report submitted previously by the State dated 3.8.2020 under the signatures of Police Station Vijay Vihar, was to the effect that on 27.6.2019 an information

regarding 11 minor children rescued by the SDM Kanjhawala found working at different work places was received at the Police Station Vijay Vihar whereupon the Investigating Agency had reached the spot and the SDM Kanjhawla handed over 11 minor children along with his order to register an FIR. Thereafter all the 11 minor children were sent for short stay at Alipur Shelter Home and then on 2.7.2019 statement of one minor child Govind S/o Sudhir aged 15 years was recorded wherein he stated that he was working at a jeans factory for the last one month and that the factory owner had not paid him and also did not behave property and FIR No. 157/2019 at Police Station Vijay Vihar was registered.

It was further submitted through the status report that during the course of investigation several raids had been conducted but no one could be arrested as the petitioner and other accused were deliberately absconding and evading their arrest. It was further submitted through the said status report that the four minor children were recovered from the mechanic shop of the petitioner and the statements under Section 164 of all the four minor children were recorded by the learned Metropolitan Magistrate and the ages of the said children were verified and that the statements under 164 Cr.P.C. were not available on file as the same had not been collected from the Court.

Vide order dated 5.8.2020 the State was directed to produce the statements under Section 164 of the Cr.P.C. of the minor children recorded in the instant case and the copies of the same have been submitted and the statements placed on record are all to the effect that the children had come to visit Delhi and that they do no work and

they were near around the shop of the applicant and that the police had taken them.

In the circumstances, the applicant is allowed to be released on bail on his furnishing a bail bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the learned Trial Court with the directions that the petitioner shall not leave the city of Delhi without permission of the trial Court and in any event shall not leave the Country and shall keep his mobile on at all times and shall drop a pin on the Google map to ensure that his location is available to the Investigating Officer at all times, shall join the investigation as and when required by the Investigating Officer and shall not commit any offence whatsoever and in the event of there being any FIR registered against the petitioner, the State shall bring the same to the notice of the Court forthwith.

The Petition is disposed of.

ANU MALHOTRA, J AUGUST 20, 2020/SV