← Library
High Court of DelhiBAIL APPLN./1945/2016

Sanjay @ Sanju v. State Of NCT

2017-01-12Hon'Ble Ms. Justice Mukta Gupta2 pages

5# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1945/2016 and Crl. M.B. No. 1708/2016 SANJAY @ SANJU ..... Petitioner Represented by:

Mr. Suhail Sehgal, Advocate.

versus STATE OF NCT ..... Respondent Represented by:

Ms. Rajni Gupta, APP for the State.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 12.01.2017 1.

By the present petition the petitioner seeks bail in case FIR No. 121/2016 under Sections 354/342/509 IPC and Section 12 of the Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO') registered at PS Defence Colony, New Delhi.

2.

The allegations in the FIR are that on 3rd April, 2016 at 2.30 PM the prosecutrix who was aged six years had gone to play. After some time her mother went to search her. She reached near the jhuggi of the petitioner which was closed from inside and some noise was coming. When she knocked the door, the petitioner opened it and the complainant found her daughter sitting on a stool in the jhuggi in a frightened condition. On inquiry, the prosecutrix told her that the petitioner had made her sit on the stool and touched her body all over and demanded sexual favours on the pretext of money.

BAIL APPLN. 1945/2016

3.

The petitioner is in custody since 3rd April, 2016. The prosecutrix has since been examined and cross-examined.

4.

Considering the fact that the minor girl who is the most material witness has already been examined and the petitioner is in custody for more than nine months, 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 ₹20,000/- with one surety of the like amount, subject to the satisfaction of the learned Trial Court, further subject to the condition that he will not leave the National Capital Regional without the permission of the court concerned and in case of change of residential address, the same will be intimated to the learned Trial Court by an affidavit. 5.

Petition and application are disposed of.

6.

Order dasti.

MUKTA GUPTA, J.

JANUARY 12, 2017 'vn'

BAIL APPLN. 1945/2016