BAIL APPLN./1797/2018 of SHAHID KHAN Vs THE STATE (NCT) OF DELHI

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ BAIL APPLN. 1797/2018 & CRL.M.A. 28956/2018 (Exemption) SHAHID KHAN ..... Petitioner

Through: Mr. Riaz Mohd. With Vishal INdora, Advs.

versus

THE STATE (NCT) OF DELHI

..... Respondent

Through:

Mr. Amit Gupta, APP for the State with SI Shaeed Khan, SI Azad Singh & SI Jasbeer Singh, PS Ranhola,

CORAM:HON'BLE MR. JUSTICE NAJMI WAZIRI O R R% 31.07.2018

The petitioner seeks bail which was declined by the Trial Court on 18.06.2018. The learned counsel for the petitioner refers to an MLC, which records the victim’s statement inter alia:-

“ Allegation of sexually assault

According to victim herself, she had been sexually assaulted by man, named Shahid, aged about 18 years at the home of the man in Dhamada village. According to her, she was called by the man telephonically around Nala, Vikas Nagar, Delhi and was intoxicated by some inhalant after where she was unconscious and gained consciousness in the home of that man. She was sexually assaulted 2-3 times in the night at 10 PM on 29.10.2014 and she was searched by her parents and brought back by relatives of the man to her own home in Dhamada Village.”

The learned Additional Public Prosecutor for the State submits that after the incident, she had reported it to the police but the petitioner had

absconded from the village and was declared Proclaimed Offender. Additionally, he submits that it has been verified that the prosecutrix was minor at the time of the alleged offence.

In view of the above, the Court finds no reason to grant bail. Accordingly, the petition is dismissed.

JULY 31, 2018

Pallavi

NAJMI WAZIRI, J