Md Mustaq @ Chotu v. The State NCT Of Delhi

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2861/2024 MD MUSTAQ @ CHOTU .....Petitioner Through:

Mr. Shahid Ahmad Khan, Advocate.

versus THE STATE NCT OF DELHI .....Respondent Through:

Mr.Sanjeev Sabharwal, APP for State with SI Vinay, PS Keshav Puram.

Ms.Kaadambari Singh,Amicus Curiae for the prosecutrix/complainant with Mr. Mayank Tripathi, Ms. Muskaan Chawla and Ms. Tanya Singh Kaurav, Advocates for prosecutrix.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 06.09.2024

O R D E R

1.

Ms. Kadambari Singh, Advocate, appointed as the Amicus Curiae to represent the prosecutrix, submits that, the statement of accused/applicant under Section 313 Cr.P.C. has already been recorded by the learned Trial Court and though the applicant has sought to place the plea of juvenility before the Trial Court, no document in support of the same was placed on record.

2.

Learned APP for the State, on instructions from the I.O., also confirms the same.

3.

Learned counsel for the applicant submits that the applicant is now seized of the birth certificate and seeks leave to approach the learned Trial Court in support of the plea of juvenility. He also submits that on the basis 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 11/09/2024 at 12:32:03

of this certificate, he will file appropriate application, which, as and when filed, be considered in accordance with law. He seeks leave to withdraw the present bail application.

4.

Leave, as prayed for, is granted. The bail application is dismissed as withdrawn.

MANOJ KUMAR OHRI, J SEPTEMBER 6, 2024 akc 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 11/09/2024 at 12:32:03