BAIL APPLN. 1763/2016

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on: 7^th September, 2016

Decided on: 28^th September, 2016

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BAIL APPLN. 1763/2016

SANTOSH KUMAR MANDAL

..... Petitioner

Represented by:

Mr. Vikas Malik and Mr.

Nishant Gautam, Advocates.

versus

STATE

..... Respondent

Represented by:

Mr. Ravi Nayak, APP for the

State with SI Pradeep Rawa, PS

Vasant Kunj, North.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

1.

By the present petition, the petitioner seeks regular bail in case FIR

No.320/2016 under Sections 354(D)/342/363/506 IPC and Section 12 of

Protection of Children from Sexual Offence Act, 2012 (in short „the POCSO

Act‟).

2.

The submissions of leaned counsel for the petitioner are twofold,

firstly that as per the allegations in the FIR, ingredients for offences as

alleged have not been made out including the one punishable under Section

12 of the POCSO Act and even if made out, the same being bailable

offences, the petitioner is required to be released on bail on his furnishing

surety bond. To press the first contention, learned counsel for the petitioner

contends that even as per t