Abdul Rehman @ Vishal v. The Govt Of NCT Of Delhi

6# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1649/2018 ABDUL REHMAN @ VISHAL ..... Petitioner Represented by: Mr. Mayank Maini, Advocate.

versus THE GOVT OF NCT OF DELHI ..... Respondent Represented by: Mr. Ashok K. Garg, APP for State.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 25.09.2018 1.

By this petition, petitioner seeks bail in case FIR No. 56/2018 under Sections 354/354D/341/506/34 IPC registered at PS New Friends Colony, New Delhi and Section 10 of the Protection of Children from Sexual Offences Act (in short 'POCSO Act').

2.

The above noted FIR was registered on the written complaint of the victim 'A' whose statement under Section 164 Cr.P.C. was also recorded wherein she stated that on 6th March, 2018 she was going alone in the evening to take milk. Suddenly one boy whose name is Ankit and was staying in the neighbourhood came from behind and touched her shoulder. He insisted her to talk to him but she refused stating that she did not want to talk to him and told him that she will tell her brother and mother. Thereafter, Ankit showed her a blade and threatened that if she discloses this incident to anyone she would be killed with the blade. She started screaming BAIL APPLN. 1649/2018

and public persons gathered there, whereafter Ankit ran away after leaving the blade at the spot. It is alleged that there was one more person namely Vishal, that is, the petitioner herein, a friend of Ankit who also told her that if she did not talk with Ankit he would kidnap her from her house. She reached her house and disclosed the facts to her mother and on the same day a written complaint was given to the police.

3.

Learned counsel for the petitioner has handed over a kalandara lodged on 7th March, 2018 on the incident of 6th March, 2018 at about 11.50 PM relating to Ankit being apprehended while abusing the people. There is no mention of Vishal in the said kalandara.

4.

Be that as it may, after framing of charge, the victim has been examined in Court. Considering the role of the petitioner and the fact that the victim has already been examined, this Court deems it fit to grant bail to the petitioner. It is, therefore directed that the petitioner be released on bail on his furnishing a personal bond in the sum of ₹25,000/- with one surety of the like amount, subject to the satisfaction of the learned Trial Court, further subject to the condition that in case of change of residential address the petitioner will intimate the same to the court concerned by way of an affidavit.

5.

Petition is disposed of.

6.

Order dasti.

MUKTA GUPTA, J.

SEPTEMBER 25, 2018/'vn'

BAIL APPLN. 1649/2018