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High Court of DelhiBAIL APPLN./1892/2017

Sunil Kumar Jha v. State

2017-10-24Hon'Ble Ms. Justice Anu Malhotra2 pages

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1892/2017 SUNIL KUMAR JHA ..... Petitioner Through Mr.

K.B.

Thakur, Ms.

Rashmi Kimari, Advs.

versus STATE ..... Respondent Through Mr. Hirein Sharma, APP for State with SI Satvinder, PS Kalkaji.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 24.10.2017 BAIL APPLN. 1892/2017 Status report had been submitted.

Arguments addressed on behalf of either side. On behalf of the petitioner, it has been submitted that the petitioner is in custody for the last 16 months and he has his family to look after and it is further submitted that the petitioner be released on bail. On behalf of the State, an application has been filed thus submitting interalia to the effect that the allegations levelled against the petitioner are grave and serious in nature and he had taken an advantage of his position of being a driver of the parents of the child and had made sexual advances towards her.

On behalf of the petitioner interalia reliance is placed on two letters / messages stated to have been sent by the victim / prosecutrix to the BAIL APPLN. 1892/2017

petitioner, which indicated as per the cross-examination of the victim / prosecutrix to have been admittedly sent by her to the accused. The testimony of the victim / prosecutrix also states to the effect that she had been making phone calls to the petitioner and that the phone calls were not made by the petitioner, though there were some missed calls given by the petitioner.

Without any observations on the merits or demerits of the case and taking into account the totality of circumstances of the case into account, the petitioner is allowed to be released on bail on furnishing a personal bond in the sum of Rs.1 lakh with two sureties of the like amount to the satisfaction of the Learned Trial Court with the directions that the petitioner shall not leave the country.

The application is disposed of accordingly.

Copy of the order be given Dasti under the signatures of the Court Master.

ANU MALHOTRA, J OCTOBER 24, 2017/MK BAIL APPLN. 1892/2017