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High Court of DelhiBAIL APPLN./1866/2016

Shiv Charan v. State (Govt Of NCT Delhi)

2016-12-06Hon'Ble Ms. Justice Mukta Gupta2 pages

16# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1866/2016 SHIV CHARAN ..... Petitioner Represented by:

Mr. A.K. Dey, Advocate.

versus STATE (GOVT OF NCT DELHI) ..... Respondent Represented by:

Mr. Ravi Nayak, APP for the State with Inspector Sahdev Singh, PS Amar Colony.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 06.12.2016 1.

By the present petition the petitioner seeks bail in case FIR No. 998/2014 under Section 376 IPC and Section 6 of the Protection of Children from Sexual Offence Act, 2012.

2.

The FIR was registered on the complaint of the mother of the victim, who was aged five years at that time. The complainant stated that on 13th November, 2014 when she woke up her daughter for being sent to the school, she started crying and was adamant not to go to the school. On inquiry the prosecutrix revealed that the petitioner who was the driver of the van used to misbehave with her and on one day he removed her underwear and inserted his finger inside her vagina.

3.

As per the MLC of the prosecutrix around 4mm hole was present in the centre of her hymen.

BAIL APPLN. 1866/2016

4.

Considering the nature of the allegations, this Court is not inclined to grant bail to the petitioner.

5.

Bail application is dismissed.

MUKTA GUPTA, J.

DECEMBER 06, 2016 'vn'

BAIL APPLN. 1866/2016