Harish Pratap Singh v. The State And ANR (Govt. Of NCT Of Delh)

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3537/2023 HARISH PRATAP SINGH ..... Petitioner Through:

Mr. Amit Chadha, Mr. Pujya Kumar, Mr. Rahul Bharti and Ms. Smriti Shrivastava, Advocates.

versus THE STATE AND ANR (GOVT. OF NCT OF DELHI) ..... Respondent Through:

Ms. Shubhi Gupta, APP for the State with SI Rachna, PS: Civil Lines.

Ms. Sunita Arora, Advocate for Complainant.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 28.02.2024 1.

This is a regular bail application under Section 439 Cr.P.C. read with Section 482 Cr.P.C. on behalf of the Applicant Harish Pratap Singh S/o Sh. Govind Pal Singh seeking regular bail in case FIR No.417/2021 dated 16.10.2021 registered under Section 376 IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 registered at P.S.: Civil Lines. 2.

Status report is handed over in Court and the same is taken on record. 3.

During the course of hearing, learned APP draws the attention of the Court to paragraph 03 of the impugned order passed by the Trial Court on 24.07.2023 where the Defence Counsel had requested the Court to treat the bail application albeit filed as a regular bail application, as an interim bail application on medical grounds.

BAIL APPLN. 3537/2023 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 01/03/2024 at 11:11:19

4.

Acceding to the request of Defence Counsel, learned Trial Court has treated the same as an interim bail application and decided the same accordingly. It is also noticed that the prime reason that has weighed with the Trial Court while dismissing the application was that the testimony of the material witnesses was yet to be recorded and there were allegations of threat against prosecutrix/victim. Today, it is an admitted position that material witnesses i.e. prosecutrix and mother of the prosecutrix stand examined.

5.

In this view of the matter, learned counsel for the Applicant seeks to withdraw the present application with liberty to approach the Trial Court. 6.

Application stands disposed of as withdrawn with liberty as prayed for, in accordance with law.

7.

It is made clear that nothing stated in this order shall tantamount to expression of an opinion on merits of the case. JYOTI SINGH, J FEBRUARY 28, 2024/shivam BAIL APPLN. 3537/2023 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 01/03/2024 at 11:11:19