Sanjay v. State

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2470/2015 SANJAY ..... Petitioner Through:

Mr. Siddharth Pandit, Advocate versus STATE .... Respondent Through:

Mr Akshai Malik, Additional Public Prosecutor for the State.

SI Ekta, Police Station Nangloi.

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 10.02.2016 Bail Appln. 2470/2015 Ths is an application under Section 439 of Cr.PC moved by the petitioner for grant of regular bail in case FIR No. 530/2014 under Section 376/109/354/34 IPC registered at Police Station Nangloi.

Counsel for the petitioner submits that prior to her deposition in the Court, the prosecutrix did not make any statement either to the police or before the Magistrate and trial is going to take a long time. As such, the petitioner be released on bail. Application is vehemently opposed by the learned Additional Public Prosecutor for the State on the ground that at the time of incident, the prosecutrix was 8 years old and she has specified the role played by the petitioner and duly identified him. A perusal of testimony of the child victim who was aged about 6 years at the time of incident goes to show that specific allegations have been levelled against the petitioner and she has identified him as well. Keeping in view the seriousness of the allegations, at this stage, it is not deemed appropriate to release petitioner on bail. Accordingly, the bail application is dismissed. SUNITA GUPTA, J FEBRUARY 10, 2016 rs