Delhi High Court: In a case wherein, the applicant filed the bail application, Amit Sharma, J., granted the interim bail with certain conditions for a period of eight days from the date of his release. The Court stated that the bail was subject to his furnishing personal bond of Rs. 50,000 with surety of the like amount, to the Trial Court’s satisfaction and disposed of the application.
In the instant case, the bail application was filed by the applicant under Section 439 of the Criminal Procedure Code, 1973 seeking interim bail in the case of FIR registered under Section 376 of the Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO’).
The applicant submitted that his brother had passed away on 03-10-2023 and the applicant had to remain present for ‘Antim Darshan’. The applicant had to participate in the last rites and ceremony as he was the only person in the family who could perform the rituals. The demise of the applicant’s brother was verified by the State and the status report to that effect, dated 08-10-2023 was taken on record by the Court.
Thus, the Court allowed the application and granted interim bail for eight days from the date of his release, and subject to his furnishing the personal bond of Rs. 50,000 with one surety to like amount to the satisfaction of the Trial Court.
However, the Court stated that the interim bail was subject to the conditions that the applicant should not leave India without prior permission of the Trial Court and if there was any change in the applicant’s residential address, he should intimate the Investigating Officer and the Trial Court by way of an affidavit. Further, the applicant should appear before the Trial Court as and when the matter was taken up for hearing. The Court directed the applicant to provide his mobile number to the Investigating Officer and it should be operational at all times and the applicant should not directly or indirectly tamper with evidence or influence the witness in any manner. Further, the Court stated that the applicant should surrender himself upon the expiry of the interim bail and disposed of the application.
[Babulal Bawaria v. State (NCT of Delhi), 2023 SCC OnLine Del 6681, Order dated 09-10-2023]
Advocates who appeared in this case :
For the Petitioners: Namit Saxena, Shivam Raghuwanshi and Swapnil Jain, Advocates;
For the Respondents: Ajay Vikram, Assistant Public Prosecutor for the State with SI Sangeeta, P.S. S.B. Dairy
Buy Protection of Children from Sexual Offences Act, 2012 HERE
Buy Penal Code, 1860 HERE
Buy Code of Criminal Procedure, 1973 HERE
