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IN THE HIGH COURT OF DELHI AT NEW DELHI
Amit Bansal, J.
Vivek Kumar Gupta – Appellant
Versus
The State of NCT of Delhi – Respondent
Bail Appln. 1979 of 2023
Decided On : 28-07-2023
BAIL - Criminal Law - The court granted bail to the applicant, a young boy of 21 years of age, in a case involving allegations of sexual assault and financial dispute, considering the overall facts and circumstances of the case, the statement of the complainant under Section 164 of CrPC, and the statement made by the complainant in Court.
Fact of the Case:
The applicant, a young boy of 21 years of age, sought regular bail in a case involving allegations of sexual assault and financial dispute. The complainant, who was only 16 years of age at the time of the incident, had made contradictory statements under Section 161 and 164 of the CrPC.
Finding of the Court:
The Court, after considering the overall facts and circumstances of the case, the statement of the complainant under Section 164 of CrPC, and the statement made by the complainant in Court, deemed it fit to grant bail to the applicant. The bail was granted subject to certain conditions.
Issues: The issues involved in the case included contradictory statements made by the complainant under Section 161 and 164 of the CrPC, allegations of sexual assault, and financial dispute.
Ratio Decidendi: The Court's decision to grant bail was influenced by the overall facts and circumstances of the case, the statement of the complainant under Section 164 of CrPC, and the statement made by the complainant in Court, along with the applicant's conduct, clean antecedents, and the likelihood of a delayed trial.
Final Decision: The Court directed that the applicant be enlarged on bail pending decision in the trial on his furnishing a personal bond in the sum of Rs.50,000/- with certain conditions imposed, including restrictions on visiting the vicinity of the complainant, leaving the country without prior permission, appearing before the Trial Court, providing contact information, and refraining from criminal activity or tampering with evidence.
JUDGMENT
Amit Bansal, J. By way of the present application, the petitioner seeks regular bail in FIR No.253/2023 under Sections 354D/376/509 of Indian Penal Code, 1860 (IPC) registered at Police Station Mandawali, Delhi.
2. Brief facts of the case are as under:
i. The applicant, being a young boy of 21 years of age, has been a friend of the victim's brother from the year 2021 and since then, the complainant/victim, her brother and the applicant used to visit each other's house.
ii. During the period of Covid-19 pandemic, the family of the complainant/victim was facing financial issues and at that time, the complainant and her brother approached the applicant for financial help of Rs.1,00,000/-.
iii. The applicant gave a total amount of Rs.72,000/-and the complainant and her family members assured that this amount will be returned within four to five months.
iv. In July and December, 2022, when the applicant asked the complainant and her family members to return the money, the complainant and her family members stopped taking the phone calls of the applicant and furthermore, blocked his number.
v. Thereafter, the present FIR was registered on 10th May, 2023.
3. Counsel for the applicant submits that the complainant has made contradictory statements under Section 161 and 164 of the Code of Criminal Procedure, 1973 (CrPC). In her statement under Section 164 of the CrPC, the complainant has denied being sexually assaulted by the applicant.
4. Learned APP appearing for the State, on the other hand, submits that the complainant was only 16 years of age at the time of the incident and clear allegations have been made against the applicant in the FIR.
5. Pursuant to the notice issued by the Court, the complainant, who has attained the age of majority as on date, is present in Court and does not support the case of the prosecution. She states that there was no physical relation between her and the petitioner.
6. I have heard the submissions of the parties and perused the material on record.
7. The applicant in this case is a young boy of 21 years of age. He has already been in custody for over two months and the Charge Sheet has already been filed. The trial is likely to take some time. Further, as per the Nominal Report placed on record, his conduct has been satisfactory. It has also not been disputed that he is a person of clean antecedents.
8. Considering the overall facts and circumstances of the case and taking note of the statement of the complainant under Section 164 of CrPC along with the statement made by the complainant in Court today, the Court deems it fit to grant bail to the applicant. It is therefore directed that the applicant be enlarged on bail pending decision in the trial on his furnishing a personal bond in the sum of Rs.50,000/-with one surety of like amount, subject to the satisfaction of the Trial Court. The bail is granted subject to the following conditions:
i. The petitioner shall not visit the vicinity of the complainant.
ii. The applicant shall not leave the country without the prior permission of the Court.
iii. The applicant shall appear before the Trial Court as and when the matter is taken up for hearing.
iv. The applicant shall provide his latest/fresh mobile numbers to the IO concerned, which shall be kept in working condition at all times and shall not switch off or change the mobile number(s) without prior intimation to the IO concerned. The petitioner shall keep his live location on at all times.
v. The applicant shall provide his permanent address to the Trial Court. The petitioner shall intimate the Court by way of an affidavit and to the IO regarding any change in his residential address.
vi. The applicant shall not indulge in any criminal activity and shall not communicate with or come in contact with any of the prosecution witnesses or tamper with the evidence of the case.
9. Needless to state that any observations made herein are purely for the purposes of deciding the question of grant of bail a
The main legal point established in the judgment is the court's discretion to grant bail based on the overall facts and circumstances of the case, the statements of the complainant, and the conduct a....
The court established that significant contradictions in witness statements can influence the decision to grant bail, particularly when balanced against the age and circumstances of the accused.
The court considered the consensual relationship and age difference between the petitioner and the prosecutrix as influential factors in granting bail to the accused petitioner.
The central legal point established in the judgment is the significance of the minor victim's statement expressing consent to the relationship and reluctance to pursue legal action against the petiti....
The seriousness of the allegations and the need to protect the future and reputation of a minor weighed against granting bail, despite the compromise between the parties.
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances of the case and the statements of the prosecutrix do not justify continued custody.
An accused is entitled to statutory bail if the final report is not filed within the requisite time under Section 167(2)(a)(i) of the Code of Criminal Procedure.
The court established that in cases involving minors, the victim's consent and relationship dynamics can influence bail decisions, provided that safeguards against potential harm are implemented.
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