BAIL APPLN. 79/2024 Page 1 of 7

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on: 11.01.2024

Pronounced on: 12.01.2024

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BAIL APPLN. 79/2024

VARUN WISHWAS

..... Petitioner

Through:

Mr. Pramod Kumar, Advocate

versus

STATE NCT OF DELHI AND ANR.

..... Respondent

Through:

Mr. Naresh Kumar Chahar,

APP for the State with S.I.

Sudhir Rathi, P.S. Burari,

Delhi

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

JUDGMENT

SWARANA KANTA SHARMA, J.

1.

By way of present application filed under Section 439 of the

Code of Criminal Procedure, 1973 (‘Cr.P.C.’), the applicant herein

seeks grant of interim bail for a period of eight weeks on medical

grounds, in case arising out of FIR No. 684/2022, registered at Police

Station Burari, under Sections 376/506 of Indian Penal Code, 1860

(‘IPC’) and Section 6 of Protection of Children from Sexual Offences

Act, 2012 (‘POCSO Act’).

2.

The present FIR was registered on 19.08.2022, on the

complaint of victim „P‟, aged about 14 years, whereby she had

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:25.01.2024

19:31:31

Signature Not Verified

BAIL APPLN. 79/2024 Page 2 of 7

alleged that in the month of October 2020, the accused Varun

Wishwas had called her on her mobile number and had asked the

victim to become friends with him. However, when the victim had

denied his request, the accused had threatened the victim that if she

did not accept his friendship offer, then he would call her father and

tell him that his daughter i.e. the victim had told „I Love You‟ to him.

It is alleged that due to such compulsion, the victim was forced to

talk to the accused. It is further alleged that one day, in January,

2021, when the victim was alone at her house, the accused Varun had

entered her house and had raped the victim. The accused had also

recorded her inappropriate videos and had then started blackmailing

her and by extending such threats, he had raped her on several

occasions, on the pretext that he will post her inappropriate videos on

internet. As alleged, the victim was raped for the last time on

03.04.2022. During the course of investigation, the victim was

medically examined on 19.08.2022, and the accused was also

arrested on the said day. On 22.08.2022, the statement of victim was

recorded under Sections 164 of Cr.P.C., where she had supported her

previous statement. The mobile phone recovered from the accused

had been sent to FSL for examination and the FSL result is pending.

Chargesheet was filed before the Trial Court and charges were

framed against the accused/applicant Varun Wishwas.

3.

Learned counsel for the applicant/accused argues that the

present interim bail application has been filed on medical grounds

since as per the report of Jail authorities, the platelet count of the

applicant was found on lower side i.e. 36000 and he is suffering from

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:25.01.2024

19:31:31

Signature Not Verified

BAIL APPLN. 79/2024 Page 3 of 7

bleeding per rectum and several other ailments. It is argued that the

applicant has visited Safdarjung Hospita1, GB Pant Hospital and

DDU Hospital several times for the treatment, however, he has not

got any relief from these hospital and the health condition of the

applicant is very serious and he is suffering from bleeding per

rectum, low platelet count, etc., and his health condition has been

deteriorating day-by-day and there is no improvement in the same.

Thus, it is submitted that applicant wants to get effective and best

treatment from a private hospital. It is also stated that the learned

Trial Court has accepted vide ord