Delhi High Court – Orders
Sunil vs The State(Nct Of Delhi) And Another on 29 January, 2025
Author: Amit Sharma
Bench: Amit Sharma
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 4118/2024
SUNIL .....Petitioner
Through: Mr. M.S. Bammi, Ms. Lovee Tyagi
and Ms. Meenakshi Tyagi, Advocates
(through Vc).
versus
THE STATE(NCT OF DELHI) AND ANOTHER .....Respondents
Through: Mr. Ajay Vikram Singh, APP for the
State.
Insp. Chetan Singh, SI Raghuvir
Singh, W/SI Manshi, P.S. Khyala.
Mr. Gaurav Sharma, Ms. Aakanksha
Sharma, Ms. Sakshi Jha, Advocates
for the Survivor alongwith Survivor in
person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 29.01.2025
1. This hearing has been done through hybrid mode.
2. The present second application under Section 483 of the BNSS (Section
439 of the Cr.P.C.) has been filed seeking regular bail in case FIR No.
398/2022, under Sections
323/342/365/367/368/370/376(2)(n)/506/509/34/120B of the IPC and Section
6 of the POCSO Act and Sections 4/5/6 of the Immoral Traffic Prevention
Act, 1956 (hereinafter referred to as, ‘ITP Act‘), registered at P.S. Khyala.
First application being BAIL APPLN. 1490/2024 filed by the present
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applicant was dismissed with liberty to approach the competent Court after
examination of the public witnesses vide order dated 15.07.2024 passed by
Coordinate Bench of this Court.
3. The case of the prosecution, as per status report dated 18.11.2024
authored by Insp. Vinod Kumar, SHO PS Khyala, against the present
applicant is as follows: –
“It is submitted that on 19/04/2022, a PCR call vide DD No. 121A
dated 19/04/2022 was received in PS Khyala regarding kidnapping of
a girl. The call was entrusted to IO/SI Indrajeet for further necessary
action. IO rushed to the spot where it was revealed that caller “P” is a
friend of victim “T”. She got to know about kidnapping by call from
victim herself that one person namely Deepak came to Madrasi
Colony, Khyala Delhi and kidnapped her from her rented house. She
further mentioned that “T” came to her around a month ago seeking
help from her as she was forced to work as a prostitute by alleged
Deepak. It was also mentioned by the caller that victim “T” and
Deepak has one child without getting married. Caller “P” arranged
room on rent in Madrashi Colony, Khyala, Delhi for victim “T” for
her help in the night of 19/0412022. On this PCR call, a team lead by
IO/SI Indrajeet was formed and search of the victim initiated. Team
reached to Mahipalpur after taking location of the victim’s mobile
phone. The alleged Deepak was answering the phone call of victim ‘T’
and he was convinced by the TO to come to Aerocity Metro Station
to take the child. Deepak along with other 2 persons namely Sunil &
Shailesh came to Aerocity Metro Station in Grey Wagon-R Car No-
HR-29-AA-31 02. On seeing the police party, they ran away from
there in very recklessly mariner. With the help of technical
surveillance, the team reached near Diamond Inn PG Mahipalpur
Delhi and made search for the victim at Diamond Inn PG. The
victimlProsecutrix “T” was found illegally detained by alleged
Deepak, Shimpy @ Kajal Dlo Sh. Jitu Sanwaria, Sanjay Sio Bholu
Rai, Sunil Sio Mulayam MandaI and Shailesh Sio Yogendra Kumar
in Room No- 301, Diamond PG, A- Block Mahipalpur. The Victim
“T” was rescued and she stated that alleged Deepak, Sanjay, Shimpy
and Kajal kidnapped her from Khyala, Delhi and confined her in that
room. The victim was found in injured condition.
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2. The victim along with the above mentioned suspected persons was
taken to Police Station Khyala, Delhi. Thereafter her counseling was
conducted by the DCW Counselor. As the victim/Prosecutnx “T”
having multiple injuries on her body, so Medical Examination of the
victim was got conducted at DDU Hospital Han Nagar New Delhi
vide MLC No. 3521/2022 on which, it is mentioned by the that A/H/O
Patient was brought to causality for medical examination A/H/O
physical assault as told by self & BIB. Gynecology Dr. mentioned that
Victim was brought by police, AJH/O kidnapping on 19104/22,
according to victim, she was living with her boyfriend name~ Deepak
from 5 years and also had a child (boy) with him. According to victim
Deepak used to force him to make sexual contact with different people
for money for 5 years. The accused Deepak had been using the victim
for sexual business. When the victim refused to continue the same, the
accused used to beat her so badly. According to victim, she refused to
stay with Deepak and come to her friend’s house & been living from
29/03/22 near Subhas Nagar. Yesterday on 19/04/22, victim was
abducted by her boyfriend Deepak & physically assaulted her & UTP
Positive”.
3. It is further submitted that statement of the victim was recorded,
wherein she stated that she was living with Deepak in Live- in and she
has a baby boy about 05 years ago, when she was about 13-14 years
old, Deepak promised her to get married with her and took her with
him Deepak forcefully committed rape with her continuously without
her will and indulged her in prostitution work since last 05 years
forcefully Whenever, she refused to do the work, he used to beat her
very badly. He used to send her to her customer for prostitution to earn
money. His friend namely Sanjay, Sunil, Shailesh, Shilpy @ Kajal
and Kajal are working with him in the prostitution work. Sanjay,
Sunil, Shailesh were used to take her to their customer for prostitution.
Deepak and his friends have also done the same with other girls also.
They are running a sex racket in Delhi by ensnaring innocent girls.
She along with her son left Deepak and starting living separately. In
the night of 19/04/22, Deepak along with his friends namely Sanjay,
Kajal and Simpy @ Kajal came in his car Tata Nexon and kidnapped
her from Khyala Delhi and they beaten her badly and confined her in
the room of Sanjay and Simpy @ Kajal at R. No. 301, Diamond Inn
PG, Mahipalpur, Delhi.
As per the statement of victim, Contents of the MLC and
circumstances, a case vide FIR No. 398/22 u/s
323/342/365/367/368/370/376(2)(n) /506/ 509/34 IPC and 06 POCSO
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Act & 4/5/6 ITP Act was registered at Police Station Khyala New
Delhi.
4. During the course of investigation of the case, 06 accused persons
namely (1) Deepak S/o Sh. Suresh Pratap Singh, (2) Sanjay S/o Sh.
Bhola Yadav, (3) Sunil Kumar S/o Sh. Mulayam MandaI, (4) Shailesh
Kumar Sio Sh. Yogender Yadav (Present applicant), (5) Simpy @
Kajal Dlo Sh. Jeetu Sawana and Kajena Khatoon @ Kajal were
arrested in the present case.
5. That statement U/s 164 Cr.P.C of the victim was recorded, wherein
she corroborate her FIR version and made serious allegations against
all accused persons including the present applicant specifically.
6. During the course of investigation, section 120B IPC was added in
the case. As per ossification report, Victim’s age is 17 to 20 Years.
Statements u/s 161 Cr.P.C. of witnesses were recorded accordingly.
7. After completion of investigation, charge sheet in the case was filed
before the Hon’ble Court. Charge against the accused persons has been
framed on 28.11.2022. There are total 33 witnesses in the present case
and 08 of them have been examined. ….”
4. Learned counsel for the applicant has submitted that the survivor/PW-
1 in the present case has not made any allegations of rape, molestation or
sexual assault in her statement under Section 164 of the CrPC as well as in
her testimony recorded before the learned Trial Court against the present
applicant. It is further submitted that PW-3, in her examination-in-chief, who
was a star witness of the prosecution and friend of the survivor/PW-1, did not
identify the applicant to be present at the spot and it is submitted that she had
seen him in the police station. It is further submitted that, during her cross-
examination, PW-3 had admitted the fact that the present applicant is the same
person, who the police had later apprehended as a person, who was suspected
of providing information to co-accused, Deepak, with regard to the presence
of police. It is further submitted that all the public witnesses have been
examined in the present case and the present applicant was released on interim
bail on previous occasion and he had duly surrendered, without misusing the
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liberty granted to him. The applicant is not involved in any previous offence.
It is further submitted that co-accused, Kajena Khatun @ Badi Kajal, had
already been granted bail by a Coordinate Bench of this Court vide order dated
18.03.2024 in BAIL APPLN. 9/2023.
5. Per contra, learned APP for the State, assisted by the learned counsel
for the survivor, has submitted that the allegations made against the applicant
are serious in nature as the survivor/PW-1 in her testimony recorded before
the learned Trial Court has supported the case of the prosecution. It is further
submitted that the present applicant had provided assistance to the main
accused, Deepak, as well as the other co-accused persons in the commission
of the offences alleged in the present FIR.
6. Heard learned counsel for the parties and perused the record.
7. The case of the survivor/PW-1 with respect to the present applicant
alongwith co-accused, Shailesh and Sanjay, is that they were drivers of co-
accused, Deepak, who used to take her alongwith him, to various hotels to
customers. It has also come on record through the testimony of PW-3, friend
of PW-1, that PW-3 had not seen the present applicant at the spot from where
the survivor/PW-1 was rescued, however, he was seen by her in the police
station. The veracity of these allegations as well as the role of the present
applicant would be determined at the appropriate stage after the culmination
of trial.
8. The testimony of the survivor/PW-1 and her friend/PW-3 has been
recorded before the learned Trial Court. Trial in the present case is pending.
Out of 33 witnesses cited in the chargesheet, 8 prosecution witnesses have
been examined so far. The present applicant has not been accused of any
sexual assault by the survivor/PW-1.
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9. The applicant has been in custody since 20.04.2022 and conclusion of
trial is likely to take time and no useful purpose would be served in keeping
the present applicant in custody. He was also released on interim bail on an
earlier occasion and had not misused the liberty given to him. He is also not
involved in any other case.
10. In the totality of the facts and circumstances of the present case, the
present case is allowed and he is directed to be released on bail on his
furnishing personal bond in the sum of Rs. 25,000/- along with one surety of
like amount, further subject to following conditions: –
i. The applicant shall not leave India without prior permission of
the learned Trial Court.
ii. The applicant shall intimate the learned Trial Court by way of an
affidavit and to the Investigating Officer regarding any change in
residential address.
iii. The applicant shall appear before the learned Trial Court as and
when the matter is taken up for hearing.
iv. The applicant is directed to give his mobile number to the
Investigating Officer and keep it operational at all times.
v. The applicant shall not, directly or indirectly, tamper with
evidence or try to influence the witness in any manner.
11. The application is allowed and disposed of accordingly along with all
pending applications, if any.
12. Needless to state that, nothing mentioned hereinabove, is an opinion on
the merits of the case and any observations made herein are only for the
purpose of the present bail application.
13. Copy of the order be sent to the concerned Jail Superintendent for
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 29/01/2025 at 22:41:21
necessary information and compliance.
14. Order be uploaded on the website of this Court forthwith.
AMIT SHARMA, J
JANUARY 29, 2025/nk Click here to check corrigendum, if any
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 29/01/2025 at 22:41:21
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