Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4820

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Osama Javed – Appellant
Versus
The State Anr. – Respondent
Bail Appln. 202 of 2023
Decided On : 07-07-2023

Advocates appeared:
Mr. Jaideep Malik and Ms. Falak Mohammad, Advocates, for the Petitioner.
Mr. Amit Sahni, APP and SI Anil Kumar, PS Jamia Nagar.
Mr. Nitesh Dhankhar, Advocate with Respondent-2 and father of Respondent-2.

The court considered the petitioner's personal circumstances, lack of criminal history, and completion of investigation as key factors in granting bail, while also taking into account the lack of opposition from the complainant's counsel.

Headnote:
Bail - Stalking and Harassment - The court granted bail to the petitioner, subject to certain conditions, considering the petitioner's young age, lack of criminal antecedents, and completion of investigation.
Fact of the Case:

The petitioner filed for regular bail in a case involving allegations of stalking, harassment, and threats under various sections of the IPC and POCSO Act. The complainant alleged that the petitioner stalked, harassed, and threatened her, leading to the filing of the FIR.
Finding of the Court:

The court granted bail to the petitioner, taking into account the petitioner's custody since the arrest, lack of criminal antecedents, and completion of investigation. The complainant's counsel did not oppose the bail application, and the court imposed specific conditions for the petitioner's release.
Issues: The main issue was whether the petitioner should be granted bail in light of the allegations of stalking, harassment, and threats, and the concern that the petitioner may abscond if released.
Ratio Decidendi: The court considered the petitioner's young age, lack of criminal antecedents, and completion of investigation as factors in favor of granting bail. The lack of opposition from the complainant's counsel also influenced the court's decision.
Final Decision: The court granted bail to the petitioner on the conditions of furnishing a personal bond, reporting to the Investigating Officer, refraining from making inducements or threats, and providing contact information to the Investigating Officer.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The present application has been filed under section 439 Cr.P.C seeking grant of regular bail in FIR No. 361/2022 under Sections 354/354(D)/356/379/506 IPC and Section 12 POCSO registered at PS Jamia Nagar

2. Brief facts of the case are that the present FIR No. 361/2022 under Sections 354/354(D)/356/379/506 IPC and Section 12 POCSO registered at PS Jamia Nagar was lodged on the statement of prosecutrix A wherein it was alleged that the petitioner was stalking and harassing her and he used to stand in the way of the complainant and was putting pressure on the victim for talking to her.

3. It was further alleged that the petitioner extended threats to throw acid on her if she would not talk to him. Complainant alleged that on 30.08.2022 at about 02:00 PM when the complainant reached at her coaching centre ACME carrier point, Nafees Road Batla house, Jamia Nagar, New Delhi the petitioner was already present on the stairs and caught hold of the complainant's hand and on being objected, the petitioner misbehaved and snatched her mobile phone and ran away.

4. After the registration of the FIR the petitioner was arrested on 04.09.2022 and the petitioner is stated to be in custody since then. The charge-sheet has already been filed. The charges are yet to be framed.

5. Learned APP for the State has opposed the bail application and submitted that in fact the petitioner absconded and he was arrested with grave difficulty from Jharkhand. It has been submitted that if the petitioner is released on bail, he may not attend the trial.

6. The complainant/victim is present along with counsel is present in the court today. Learned counsel for the complainant states that as per the instructions he does not want of oppose the bail application and appropriate order may be passed.

7. I have considered the submissions.

8. The accused is in custody from 04.09.2022 and is stated to be of 21 years of age. There are no other criminal antecedents and investigation is already complete.

9. In totality of the facts and circumstances of the case, the petitioner is admitted to bail on furnishing a personal bond of Rs.20,000/- with one surety of the like amount subject to the satisfaction of the learned Trial Court subject to the following conditions:

a) The petitioner shall report to the IO on every Tuesday.

b) the Petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case;

c) the Petitioner shall provide his/her mobile number(s) to the Investigating Officer and keep it operational at all times;

d) In case of change of residential address and/or mobile number, the Petitioner shall intimate the same to the Investigating Officer/Court concerned by way of an affidavit.

10. In view of the above, the present bail application stands disposed of.

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