Vaibhav & ANR v. State

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1527/2017 VAIBHAV & ANR ..... Petitioners Through:

Mr.Rakesh Maha, Advocate.

versus STATE ..... Respondent Through:

Mr.Hirein Sharma, APP for State with W/SI Ramwati, P.S Zafarpurkalan, Delhi.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 27.10.2017 The petitioner seeks anticipatory bail in FIR No. 103/2017 dated 08.06.2017 (PS Jafarpur Kalan) instituted for the offences under sections 376/34 IPC and section 5/6 POCSO Act.

The learned counsel for the petitioners submits that the allegations so as in the FIR are false and baseless as the petitioners are the maternal uncle and maternal aunt and therefore, there cannot be any bad intent on their part. By order dated 08.08.2017, interim protection was granted to the petitioners but it was directed that they ought to participate in the investigation.

Mr Hirein Sharma, the learned Additional Public Prosecutor, on instructions, informs this Court that the petitioners have joined and have indeed been participating in the investigation. Considering the aforesaid facts, this Court is inclined to confirm the

interim protection granted to the petitioners by this Court. In the event of arrest of surrender, the petitioners shall be released on bail on their furnishing a bond in the sum of Rs. 10,000/- each, with one surety of like amount each to the satisfaction of the arresting officer/Court. The petitioners shall, however, continue to participate in the investigation. They are directed to appear before the IO as and when called by the IO and make no attempt, directly or indirectly, to contact the complainant. Furthermore, they shall not make any efforts to evade the process of law. Should they do so, it would be open to the State to proceed for cancellation of the anticipatory bail granted to the petitioners. The application is disposed off.

NAJMI WAZIRI, J OCTOBER 27, 2017