Vishal @ Golu v. State (Govt Of NCT Of Delhi)

17# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 228/2017 VISHAL @ GOLU ..... Petitioner Represented by:

Dr. N. Pradeep Sharma, Mr.

S.K. Rout and Mr. Pawan Kumar, Advocates.

versus STATE (GOVT OF NCT OF DELHI) ..... Respondent Represented by:

Mr. Hirein Sharma, APP for the State with SI Manmeet, PS Hazrat Nizamuddin.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 15.03.2017 1.

By the present petition, the petitioner seeks bail in case FIR No. 525/2016 under Sections 354/354D/506/509 IPC and Sections 7/8 of the Protection of Children from Sexual Offence Act, 2012 (in short 'POCSO Act') registered at PS Hazrat Nizamuddin, Delhi. 2.

The petitioner is the first cousin of the two victims/complainants. The allegations against the petitioner are that when the parents of the victim had gone out he came to their house. Being the cousin brother of the victim he entered the house in drunken condition and misbehaved with one of the victim. It is also stated that the younger one who was studying in 10th standard also wrote a letter to the mother saying that one day the petitioner took a lift from her and touched her breast. Since the victim was not clear about the intention she did not make any complaint however the petitioner BAIL APPLN. 228/2017

repeated the incident, thus she complained about the same to her mother. 3.

Father and the guardian of the victims is present in Court and identifies by the Investigating officer. He states that one of his daughters is a major and the other is minor. He further states that with the intervention of the elders of the families the parties have settled the matter. 4.

The petitioner is in custody since 4th January, 2017 and a charge sheet has already been filed. Thus he is no more required for investigation. The matter has also been settled between the parties. 5.

Considering the facts noted above, this Court deems it fit to grant bail to the petitioner. It is, therefore, directed that the petitioner be released on bail on his furnishing a personal bond in the sum of ₹15,000/- with two sureties of the like amount, out of which one surety would be the mother of the petitioner subject to the satisfaction of the learned Trial Court, further subject to the condition that the petitioner will not influence or misbehave with the victims in future and will be available for any further investigation that is required to be carried out. The petitioner will not leave the country without the prior permission of the Court concerned and in case the residential address is changed the same will be intimated to the learned Trial Court by way of an affidavit.

6.

Petition is disposed of.

7.

Order dasti.

MUKTA GUPTA, J.

MARCH 15, 2017/'vn'

BAIL APPLN. 228/2017