Navratan v. State

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3018/2018, Crl. M.A. 50211/2018 (Exemption) NAVRATAN ..... Petitioner Through: Mr. Lalit Naayar, Adv.

Versus

STATE ..... Respondent Through: Mr. Rajat Katyal, APP for State with SI Lokendra Singh, P.S. Okhla Indl. Area.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 19.12.2018 Crl. M.A. 50211/2018 (Exemption) Exemption allowed, subject to all just exceptions. The application stands disposed off.

BAIL APPLN. 3018/2018 The petitioner seeks regular bail. He is an under-trial for offences under sections 376/506 IPC and section 6 of the Protection of Children from Sexual Offence Act, 2012.

Although, the statement of the victim/prosecutrix has been recorded, the statement of her father and other public witnesses still remain to be recorded. The learned counsel for the State expresses apprehension that if the petitioner is released on bail at this stage, he may abscond or otherwise try to intimidate witnesses. The learned counsel for the petitioner submits that the father of the prosecutrix has not appeared for recording of his statement despite being summoned twice over. Indeed, NBWs too were issued against him, yet he

has not appeared before the Trial Court.

The learned counsel for the State submits that every endeavour shall be made to produce the said witnesses before the Trial Court on the next date, otherwise, appropriate steps will be taken by the prosecution. In view of the above, the petition is not pressed at this stage. It is dismissed as withdrawn with liberty to the petitioner to approach this Court in changed circumstances.

NAJMI WAZIRI, J DECEMBER 19, 2018/acm