BAIL APPLN./2562/2017 of CHHOTEY LAL @ RADHEY SHAYM Vs THE STATE GOVT OF NCT OF DELHI

*IN THE HIGH COURT OF DELHI AT NEW DELHI+BAIL APPLN. 2562/2017

CHHOTEY LAL @ RADHEY SHAYM..... PetitionerThrough :Mr Aditya Malik, Adv. withMr. Rohit Rawal, Mr. Drone Dutt,Advs.

versus

THE STATE GOVT OF NCT OF DELHI

..... RespondentThrough :Dr. M. P. Singh, APP for State.W/SI Maya Devi, PS Nihal Vihar

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAKO R R%23.01.2018

Learned counsel for the petitioner submits that FIR wasregistered on the complaint of mother of the prosecutrix, aged 5 years.It was alleged in the FIR that the petitioner had inserted his finger inthe private parts of the girl. Learned counsel submits that prosecutrixwas produced in the witness box on 15.09.2017. She did not identifythe petitioner. On being asked ‘kya aap ke saath kuch galat kam huatha’, she answered ‘nahi’.It is submitted that the petitioner is incustody for about 3 years.Learned APP has opposed the grant ofbail. He has contended that the prosecutrix was only 5 years of age atthe time of incident. She was examined two and half years later andhad forgotten the incident, accordingly, she was dropped from the listof prosecution witnesses. Learned APP submits that the parents of the

prosecutrix have yet to be examined.As per the MLC blood wasdeducted during the medical examination of the prosecutrix.

Prosecutrix was dropped after partial examination and thepetitioner is in custody for about three years. Accordingly, petitioneris admitted to bail, subject to his furnishing personal bond in thesum of ` 20,000/- with one surety in the like amount to thesatisfaction of the trial court.

Bail application is disposed of in the above terms. Dasti.

JANUARY 23, 2018SRwt

A.K. PATHAK, J