Firoj v. State Of NCT Delhi & ANR.

$~1 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 3313/2023 FIROJ .....Applicant Through:

Ms. Seema Misra, Mr.

Madhav Aggarwal and Ms. Vanshita Gupta, Advs.

versus STATE OF NCT DELHI & ANR.

.....Respondents Through:

Mr. Ajay Vikram Singh, APP for the State with SI Ankita, PS Tigri.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 12.08.2024 1.

The present bail application is filed seeking regular bail in FIR No. 351/2022 dated 10.09.2022, registered at Police Station Tigri, for offences under Sections 376/363/366A of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

2.

The learned counsel for the applicant submits that even though the alleged incident is dated 08.01.2022 and the charge sheet was also filed way back in the month of November, 2022, the matter has still not proceeded and even the arguments on charge have not taken place.

3.

She submits that the applicant cannot be subjected to prolonged incarceration when the trial is not likely to conclude expeditiously.

4.

She further submits that the applicant would be satisfied if the learned Trial Court is directed to proceed further 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 14/08/2024 at 11:30:08

expeditiously and hear the arguments on charge. She seeks liberty to file an application afresh after the arguments of charge have concluded.

5.

It is pointed out that the complainant has filed a protest application for seeking further investigation which is prolonging the proceedings before the learned Trial Court. 6.

It is not disputed that the FIR was registered way back on 10.09.2022 and the applicant is in custody since 12.09.2022. Almost two years have elapsed and even the arguments on charge have not been heard yet.

7.

Considering the aforesaid facts, the learned Trial Court is directed to proceed expeditiously with hearing the arguments on charge.

8.

The present bail application is dismissed as withdrawn with liberty to the applicant to file an application afresh after the arguments on charge have taken place or in case the matter is delayed at the instance of the prosecution or the complainant. AMIT MAHAJAN, J AUGUST 12, 2024 'KDK'

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 14/08/2024 at 11:30:08