BAIL APPLN./1197/2024 of SAHID Vs STATE NCT OF DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1197/2024 & CRL.M.A. 20372/2024 SAHID SAHID

.....Applicant Through: Mr. Ajay Paul, Advocate (Through V.C.).

versus

STATE NCT OF DELHI

.....Respondent Through: Mr. Raj Kumar, APP for the State with Ms. Vinita Kumari, Mr. Sunil Kumar Chowdhary, Mr. Vivakanand Thakur & Mr. Saurabh Sharma, Advocates.

SI Ranjana (P.S.

Bindapur). Ms. Ritu Rajkumari, Advocate for Prosecutrix.

CORAM:HON'BLE MR. JUSTICE AMIT MAHAJAN

O R R16.07.2024

CRL.M.(BAIL) 1151/2024

1.The learned counsel for the applicant submits that he is confining the present application to the limited relief of interim bail in FIR No.723/2022 dated 12.10.2022, registered at Police Station Bindapur, for the offence under Section 363 of the Indian Penal Code, 1860 (‘IPC’). The applicant has been charge-sheeted in the Supplementary Chargesheet for the offences under Sections 376D/376/34/363 of the IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

2.The verification report has been filed by the State. It is not

disputed that the father of the applicant is admitted in Safdarjung Hospital, New Delhi in critical condition and he has been put on ventilator.

3.The learned counsel for the applicant submits that the father of the applicant is possibly at the last stage of his life and is not likely to survive for very long time.

4.Considering the aforesaid, purely on humanitarian ground, the applicant is directed to be released on an interim bail for period of three days on furnishing personal bond for sum of ₹25,000/- with two sureties of the like amount (one of the sureties to be furnished by family member of the applicant), subject to the satisfaction of the Jail Superintendent, on the following conditions:

a. The applicant shall provide the address where he would be residing after his release and shall not change the address without informing the concerned IO/ SHO; would be residing after his release and shall not change the address without informing the concerned IO/ SHO;

b. The applicant shall, upon his release, give his mobile number to the concerned IO/SHO and shall keep his mobile phone switched on at all times; mobile number to the concerned IO/SHO and shall keep his mobile phone switched on at all times;

c. The applicant shall, upon his release, speak with the concerned IO once every day; concerned IO once every day;

d. The applicant shall under no circumstance leave the boundaries of Delhi during his release; boundaries of Delhi during his release;

e. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case or tamper with the evidence of the case, in any manner whatsoever. any inducement, threat or promise to any person acquainted with the facts of the case or tamper with the evidence of the case, in any manner whatsoever. 5.The applicant is directed to surrender on or before the 4[th]day of his release, before the concerned Jail Superintendent. day of his release, before the concerned Jail Superintendent.

6.The present application is allowed in the aforesaid terms.

BAIL APPLN. 1197/2024

7.The learned counsel for the applicant seeks liberty to withdraw the present application and file afresh after the prime witnesses are examined.

8.The date already fixed, that is, 14.08.2024, stands cancelled.

9.The application is dismissed as withdrawn with the aforesaid liberty.

10.This Court appreciates the efforts of Ms. Ritu Rajkumari, who represented the prosecutrix in the present case on the request of this Court.

JULY 16, 2024 ‘Aman’

AMIT MAHAJAN, J