Boby Malik vs The State (Govt Of Nct Of Delhi) on 7 January, 2025

Delhi High Court – Orders

Boby Malik vs The State (Govt Of Nct Of Delhi) on 7 January, 2025

Author: Jasmeet Singh

Bench: Jasmeet Singh

                                    $~6
                                    *   IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +   BAIL APPLN. 4805/2024
                                        BOBY MALIK                                 .....Petitioner
                                                        Through: Mr. RPS Bhatti, Adv.
                                                        versus
                                        THE STATE (GOVT OF NCT OF DELHI)           .....Respondent
                                                        Through: Ms. Priyanka Dalal, APP with SI
                                                                   Deepak, PS Mundka
                                        CORAM:
                                        HON'BLE MR. JUSTICE JASMEET SINGH
                                                        ORDER

                                    %                   07.01.2025
                                    CRL.M.A. 39168/2024

Exemption allowed, subject to all just exceptions.
The application is disposed of.

BAIL APPLN. 4805/2024

1. This is a petition seeking grant of bail in FIR No. 365/2016 under
Section 354/354B/354D/323 of IPC read with Sections 8 and 12 of POCSO
Act registered at PS Mundka.

2. Vide order dated19.11.2016, the petitioner was granted bail by the
learned ASJ. Thereafter, on completion of investigation chargesheet was
filed on 29.10.2016. During the trial, the petitioner did not appear before the
learned Trial Court and subsequently non-bailable warrant was issued
against the petitioner on 11.03.2022 which remained unexecuted. On
22.07.2022, the petitioner was declared a proclaimed offender and Section
174A of IPC was added.

3. On 12.03.2023, the petitioner was arrested from Shiv Vihar by police
officials of Uttam Nagar and thereafter the petitioner is in custody.

4. Mr. Bhatti, learned counsel for the petitioner states that the petitioner

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could not appear before the learned Trial Court on account of misguided
advice received from his friends and family. He was under the impression
that during COVID period, the petitioner was not required to appear before
the Court.

5. Learned counsel further states that the petitioner shall regularly
appear before the Trial Court on each and every date of hearing and shall
furnish his permanent address.

6. I am of the view that the petitioner was already granted bail on merits
on 19.11.2016 and is in custody only because he could not appear before the
Trial Court and thereafter was declared a proclaimed offender. The
petitioner has already been incarcerated for a period of 1 year 11 months for
not appearing before the Court.

7. It is possible that the petitioner could not appear on account of
misguided advice received from friends, family or counsel. However, since
the learned counsel for the petitioner has assured that the petitioner shall
appear before the Trial Court on each and every date of hearing, I am
inclined to allow the petition.

8. For the said reasons, the petitioner is directed to be released on bail on
the following terms and conditions:

(a) The petitioner shall furnish a personal bond in the sum of Rs.

10,000/- (Rupees Ten Thousand Only) with one surety of the
like amount to the satisfaction of the concerned Trial Court;

(b) The petitioner shall provide his mobile number to the IO
concerned, which shall be kept in working condition at all
times. The petitioner shall not switch off, or change the same

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without prior intimation to the IO concerned, during the bail
period;

(c) The petitioner will furnish his permanent address to the IO and
in case he changes his address, he will inform the IO concerned;

(d) The petitioner shall report to the local Police Station on the first
Monday of every month;

(e) The petitioner shall not leave the country without permission of
the concerned Court during the bail period and surrender his
passport, if any, at the time of release before the concerned
Court;

(f) The petitioner shall not directly/indirectly try to get in touch
with any prosecution witnesses or tamper with the evidence.

(g) The petitioner shall appear before the Trial Court on each and
every date of hearing.

9. The petition is disposed of in the above terms.

10. Status report is taken on record.

11. Dasti

JASMEET SINGH, J
JANUARY 7, 2025/DM
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This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 07/01/2025 at 21:30:15