The court granted bail to the appellant pending appeal, emphasizing compliance with conditions to protect the victim and ensure legal proceedings.

ORDER :

1. This hearing has been done through hybrid mode.

CRL.M.(BAIL) 1700/2024

2. The present application under Section 430 of the BNSS seeks suspension of sentence and grant of bail during the pendency of the present appeal.

3. Vide the impugned judgment and order on sentence dated 27.01.2024 and 09.09.2024 respectively, the appellant has been convicted under Sections 8 of the POCSO Act and Sections 354, 341 of the IPC. The appellant has been sentenced to undergo rigorous imprisonment for a period of 3 years along with a fine of Rs. 5,000/- and in default of payment of fine simple imprisonment for 2 months for the offence punishable under Section 8 of the POCSO Act. The appellant has been further sentenced to undergo rigorous imprisonment for a period of 1 month for the offence punishable under Section 341 of the IPC.

4. In terms of the order dated 17.02.2025, a report dated 26.03.2025 from Secretary, Delhi State Legal Services Authority, South East, has been placed on record, wherein it is reflected that the compensation of Rs. 2,50,000/- has been disbursed and credited into the account of the survivor. Father of the survivor is present in court and confirms the same.

5. The sentence of the appellant was suspended for a period of 30 days by the learned Trial Court vide order dated 09.09.2024. The Predecessor Bench of this Court granted interim bail to the present applicant vide order dated 09.10.2024.

6. In totality of the facts and circumstances of the case, the sentence awarded to applicant/appellant, is suspended and he is directed to be released on bail on his furnishing a personal bond in the sum of Rs. 15,000/- with one surety of the like amount to the satisfaction of the Trial Court/Link Court, further subject to the following conditions:

i. Appellant will not leave the country without prior permission of the Court.

ii. Appellant shall provide permanent address to the Trial Court. The appellant shall intimate the Court by way of an affidavit and to the IO regarding any change in residential address.

iii. Appellant shall appear before the Court as and when the matter is taken up for hearing.

iv. Appellant shall provide all 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 without prior intimation to the IO concerned.

v. Appellant shall not indulge in any criminal activity and shall not communicate with or come in contact with the complainant/victim or any member of the complainant/victim’s family or tamper with the evidence of the case.

7. In view of the aforesaid, the application is allowed and disposed of accordingly.

8. Needless to state that, nothing mentioned hereinabove is an opinion on the merits of the case and any observations made are only for the purpose of the present bail application.

9. Copy of the order be sent to the concerned Jail Superintendent for necessary information and compliance.

10. Order be uploaded on the website of this Court forthwith.

CRL.A. 949/2024

11. List in due course.