Shiv Kumar v. State

$~8 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 271/2017 SHIV KUMAR ..... Petitioner Through :

Mr. Lokesh Kumar Mishra and Ms.

Arti Baghel, Advs.

versus STATE ..... Respondent Through :

Dr. M. P. Singh, APP with SI Sangita Tiwari PS New Ashok Nagar.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 28.03.2017 Learned counsel for petitioner submits that prosecutrix was major at the time of incident, despite this, POCSO Act has been invoked. Petitioner is in custody for about five months.

Prosecutrix had approached the Investigating Officer for re-recording of her statement under Section 164 Cr.P.C. since FIR was got registered due to some misunderstanding. He submits that prosecutrix has no objection in case bail is granted. Prosecutrix is present in Court and her I-Card has been seen by SI Sangita Tiwari PS New Ashok Nagar.

Keeping in mind the totality of the circumstances and without commenting on the merits of the case, petitioner is admitted to bail subject

to his furnishing a personal bond in the sum of `20,000/- (Rupees Twenty Thousand Only) with one surety of the like amount to the satisfaction of the trial court.

Application is disposed of in the above terms. Dasti.

A.K. PATHAK, J.

MARCH 28, 2017/dk