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High Court of DelhiBAIL APPLN./1887/2018

Vishal Parcha v. Govt. Of NCT Of Delhi

2019-01-30Hon'Ble Ms. Justice Mukta Gupta2 pages

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1887/2018 VISHAL PARCHA ..... Petitioner Through:

Mr. Pranav Proothi, Advocate versus GOVT. OF NCT OF DELHI ..... Respondent Through:

Mr. Ashok Kumar Garg, APP with SI Suruchi, PS Lajpat Nagar

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 30.01.2019 By this petition, the petitioner seeks bail in case FIR 155/2018 under Sections 376/506/328/354-D IPC and Section 4 of the Protection of Children from Sexual Offences Act registered at Police Station Lajpat Nagar. The above-noted FIR was registered on the complaint of the prosecutrix, who initially made a complaint to the petitioner stating that her family members were getting her married and when the petitioner called up an NGO and the prosecutrix and her family members were taken to the CWC, the prosecutrix levelled allegations that she was given a phone by the petitioner and sometime in February 2018, she was called by the petitioner and when she went to his house, he gave her sweet to eat wherein something was mixed. When she got up she did not realise anything, however, on reaching her home, she found that her panty was stained. She did not make any complaint immediately and later when her marriage was being fixed, she called the helpline and at that stage, before the CWC, she made the complaint.

BAIL APPLN. 1887/2018

Learned counsel for the petitioner has taken this Court through the statement of the prosecutrix recorded under Section 161 Cr.P.C. and Section 164 Cr.P.C. as well. Statement of prosecutrix has already been recorded in Court.

Without commenting as to whether there are any improvements or variations in various statements, since the prosecutrix, who was the material witness, has already been examined, this Court, in view of the circumstances in which the FIR was registered, 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 bond of the like amount to the satisfaction of the learned trial Court, further subject to the condition that in case of change of address, the petitioner will intimate the same to the learned trial Court by way an affidavit. Needless to note that the petitioner will not approach any of the other witnesses or tamper with the evidence.

Petition is disposed of.

Order dasti.

MUKTA GUPTA, J JANUARY 30, 2019 rd BAIL APPLN. 1887/2018