Full Judgment Text
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 10.12.2018
+ BAIL APPLN. 272/2017
ANAND SWAROOP ..... Petitioner
versus
STATE (GNCTD) ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr.Satish Kumar, Advocate.
For the Respondent : Mr.Hirein Sharma, APP for the State with SI Sunil
Chandra, P.S.Moti Nagar.
Mr.Hemant Choudhary, Adv. for the complainant.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
10.12.2018
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner seeks anticipatory bail in FIR No.419/2016 under
Sections 376/328/506 IPC read with Section 6 of the POCSO Act,
Police Station Moti Nagar.
2. By order dated 01.03.2017 petitioner was granted interim
protection subject to joining investigation. Learned APP under
instructions submits that the investigation is complete and chargesheet
has already been filed and since petitioner was under protection
BAIL APPLN.272/2017 Page 1 of 2
chargesheet was filed without arrest.
3. In view of the above, learned counsel for the petitioner seeks
leave to approach the Trial Court for consideration of his bail
application.
4. In view of the above, the petition is disposed off with
permission to the petitioner to file an application for seeking bail
before the Trial Court within a period of one week.
5. In case petitioner files an application within one week, interim
protection granted to the petitioner by order dated 01.03.2017 shall
continue till the disposal of the application by the Trial Court. In case
the Trial Court is inclined to reject the application, the protection shall
continue for a period of one week beyond the date of rejection.
6. It is clarified that the Trial Court shall be at liberty to decide the
application without being influenced by anything stated in this order
and in case petitioner fails to file an application within one week, the
interim protection by order dated 01.03.2017 shall automatically
lapse.
7. The petition is disposed of in the above terms.
8. Order Dasti under signatures of the Court Master.
DECEMBER 10, 2018/ rk SANJEEV SACHDEVA, J
BAIL APPLN.272/2017 Page 2 of 2