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2023 Supreme(Del) 4727

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Chandra Mohan Khandelwal – Appellant
Versus
The State & Ors. – Respondents
Bail Appln. 3591 of 2021
Decided On : 19-07-2023

Advocates appeared:
Mr. Rajeev Kumar and Mr. Sandeep Vashisht, Advocates, for the Petitioner.
Mr. Amit Sahni, APP, for the State with W/PSI Kiran Dayal, PS Moti Nagar.

The main legal point established is the grant of anticipatory bail under Section 438 Cr.P.C. in a case involving serious allegations, with specific conditions to ensure cooperation in the investigation and non-interference with witnesses and evidence.

Headnote:

Anticipatory Bail - Criminal Law - The court granted anticipatory bail to the petitioner under Section 438 Cr.P.C. in a case involving allegations of molestation under IPC, POCSO Act, Child Labour Act, and JJ Act. The petitioner was admitted to bail with certain conditions to ensure cooperation in the investigation and non-interference with witnesses and evidence.

Fact of the Case:

The petitioner filed a petition seeking anticipatory bail in a case involving allegations of molestation. The charge sheet had already been filed, and interim protection was granted by the court.

Finding of the Court:

The court granted bail to the petitioner on the condition of furnishing a personal bond and surety, along with specific conditions to ensure cooperation in the investigation and non-interference with witnesses and evidence.

Issues: The main issue was the grant of anticipatory bail to the petitioner in a case involving serious allegations.

Ratio Decidendi: The court considered the filing of the charge sheet, the petitioner's cooperation in the investigation, and the absence of misuse of liberty granted by the court in granting anticipatory bail.

Final Decision: The court admitted the petitioner to bail on furnishing of a personal bond and surety, along with specific conditions, and disposed of the bail application.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. This is a petition filed by the petitioner under Section 438 Cr.P.C. seeking grant of anticipatory bail in case FIR No. 529/2021 under Sections 354 IPC, under Section 8 of POCSO Act, under Section 3/4 Child Labour Act and under Section 79 JJ Act registered at Police Station: Moti Nagar.

2. The briefly stated facts of the case are that the present FIR was registered on the statement of prosecutrix `J' on 29.08.2021, wherein she alleged thatshe was working along with her mother and brother at Home Sajawat Showroom where her petitioner/boss used to molest her.

3. It is submitted that the Interim protection was granted by this Court vide order dated 01.10.2021 which is continuing till date. IO has stated that the charge sheet has already been filed and the petitioner had joined the investigation as and when directed.

4. There is also no report of misuse of the liberty granted to the petitioner by this Court.

5. In these circumstances, as the charge sheet has already been filed, the petitioner is admitted to bail on furnishing of personal bond of Rs. 10,000/- with a surety of the like amount to the satisfaction of the learned Trial Court subject to the conditions:

    (a) the petitioner shall not threaten or intimidate the witnesses and shall not tamper with the evidence in any manner;

    (b) the petitioner shall cooperate in the investigation;

    (c) the petitioner shall disclose his mobile number in the bail bond;

    (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.

6. With these directions, the present bail application stands disposed of.

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