Mogal @ Raja v. State (NCT Of Delhi)
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3352/2023 MOGAL @ RAJA .....Petitioner Through:
Mr. Sandeep Mishra, Mr. Surbhit Nandan and Mr. Dhruv, Advocates.
versus STATE (NCT OF DELHI) .....Respondent Through:
Ms. Meenakshi Dahiya, APP for State with SI Srishit, PS: Subhash Place.
Ms Nandika Vyas, Advocate for Victim.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 09.07.2024 1.
This application has been filed for seeking regular bail in FIR no. 348/2019 under Section 506 IPC read with Section 6 POCSO Act. 2.
Interim bail was granted by this Court on 20th October, 2023. At that stage, the Court had noted the submission of the petitioner that it was a case of consensual romantic relationship between the petitioner and the prosecutrix and that during the period of interim bail granted by Trial Court, marriage between the petitioner and the prosecutrix has been solemnized. The prosecutrix was present in the Court on that day and she confirmed the same. 3.
Today, as well, the prosecutrix is present in Court and confirms the same. She further stated that she was earlier in a relationship with the petitioner. Also, her testimony as PW-4 recorded before the Trial Court has been perused and she has clearly stated that she is now married to the petitioner The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
who is also present in Court.
4.
In light of the above and that the trial in the matter is likely to take some time and further, it would not be prudent to keep the petitioner behind bars for an indefinite period, this Court finds it to be a fit case for grant of bail to the petitioner. Consequently, the petitioner is directed to be released on bail on furnishing a personal bond in the sum of Rs. 25,000/- with one surety of the like amount subject to the satisfaction of the Trial Court, further subject to the following conditions:
i.
Petitioner will not leave the country without prior permission of the Court.
ii.
Petitioner shall provide permanent address to the Trial Court. The petitioner shall intimate the Court by way of an affidavit and to the IO regarding any change in residential address.
iii.
Petitioner shall appear before the Court as and when the matter is taken up for hearing.
iv.
Petitioner shall join investigation as and when called by the IO concerned.
v.
Petitioner shall provide all mobile numbers to the IO concerned which shall be kept in working condition at all times and shall not switch off or change the mobile number without prior intimation to the IO concerned.
vi.
Petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with any of the prosecution witnesses, the complainant/victim or any member of the complainant/victim's family or tamper with the evidence of the case. 5.
Needless to state, but any observation touching the merits of the case is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
purely for the purposes of deciding the question of grant of bail and shall not be construed as an expression on merits of the matter. 6.
Copy of the order be sent to the Jail Superintendent for information and necessary compliance.
7.
Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.
8.
Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 9, 2024/RK/na Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.