Prosecutrix Through Mother v. The State (Govt. Of NCT Delhi) & ANR.
$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3295/2021 PROSECUTRIX THROUGH MOTHER .....Petitioner Through:
Mr.
Parveen Kumar, Advocate (through V C) versus THE STATE (GOVT. OF NCT DELHI) & ANR.
.....Respondent Through:
Mr. Digam Singh Dagar, APP for State with SI Mahendra Patel Mr. Rahul Sharma, Advocate for R-2
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 16.12.2024 1.
The present petition has been filed under Section 439 (2) Cr. P.C. seeking cancellation of anticipatory bail granted to respondent no. 2 vide order dated 21.09.2021.
2.
The respondent no. 2 is the paternal aunt of the victim. She was granted anticipatory bail by this court in connection with FIR No. 492/2020, on the premise that she is not a resident of Delhi. The respondent no.2 was also kept in column No. 12 of the chargesheet.
3.
Learned counsel appearing on behalf of the petitioner submits that the only concern of the petitioner is that the respondent no. 2 should not visit the place where the child victim or the prosecutrix resides. 4.
Learned counsel appearing respondent no. 2 submits that respondent The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/12/2024 at 12:07:18
no. 2 is residing in Uttar Pradesh whereas the prosecutrix is resident of Delhi, therefore, there is no occasion for respondent no.2 to visit the residence of child victim or the prosecutrix at Delhi.
5.
It is also pointed out by the learned APP that the victim as well as the mother of the victim have already been examined. 6.
The order of this Court vide which the anticipatory bail was granted to respondent no. 2 is of 21.09.2021 and no complaint filed by the petitioner is on record suggesting any violation of the condition subject to which the anticipatory bail was granted.
7.
In view of the above, this Court does not find any merit in the petition. 8.
The petition stands dismissed.
VIKAS MAHAJAN, J DECEMBER 16, 2024 'rs'
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/12/2024 at 12:07:18