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High Court of DelhiBAIL APPLN./3840/2024

Ram Chander Tiwari v. State Govt. Of NCT Of Delhi

2024-10-22Hon'Ble Mr. Justice Amit Mahajan2 pages

$~97 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 3840/2024 RAM CHANDER TIWARI .....Applicant Through:

Mr. Vinay Kumar Sharma, Mr. Prince, Mr. Aaditya & Ms. Ritu Kumari, Advs.

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

Mr. Sunil Kumar Gautam, APP for the State.

SI Mamta, PS Dabri.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 22.10.2024 CRL.M.A. 31819/2024 (exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The application stands disposed of.

BAIL APPLN. 3840/2024 3.

The present application is filed seeking regular bail in FIR No. 250/2024 dated 21.04.2024, registered at Police Station Dabri for offences under Section 376 of the Indian Penal Code, 1860 ('IPC') and Section 6 of the Protection of Children from Sexual Offence Act, 2012 ('POCSO Act').

4.

The FIR was registered pursuant to the allegation made by the mother of the victim that she was informed by her four years old daughter that she was having pain in her private parts. On enquiry, complainant was informed that the applicant, who was in the school where the victim is studying, gave her chocolate and took her to some secluded area and committed rape. 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 02/07/2025 at 00:44:05

5.

Serious allegations have been made against the applicant. The applicant is stated to be working as a guard where the incident had happened. Four years old victim has specifically identified the applicant to be assailant who has committed penetrative sexual assault on the victim.

6.

The applicant, at this stage, does not appear to have been falsely implicated in this case. The statement of the victim and that of the complainant supports the case of the prosecution. 7.

Gravity of the offence and severity of the punishment does not entitle the applicant to any relief.

8.

Looking at the serious allegations, I am not inclined to entertain the present application.

9.

The application is, therefore, dismissed.

AMIT MAHAJAN, J OCTOBER 22, 2024 "SK"

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 02/07/2025 at 00:44:05