Sy ; ee les 7 : ‘v< ea te . BAIL APPLICATION NO. _ MOHIT KUMAR .. PETITIONER 4 | VERSUS ‘i STATE (GOVT. OF NCT OF DELHI) ‘ _.. RESPONDENT INDEX. =NO.) PARTICULARS | PAGES | C.FEE T. JUrgent Application 1 | -a- [Notice of motion 4 he 3. [Memo of parties 3m 4. [Court fees a 3. Application under section al 438 Cr.P.C_ alongwith | S~)* | supporting affidavit 4 TANNEXURE 7 4 jou 9-357 . Copy of the FIR alongwith its Hindi and . English typed copies. Lf ds7. |ANNEXURE P-2 Copy of reply filed by the |_ 10 8. | ANNEXURE P-3 Copy of the order dated 23.04.2024 9. | ANNEXURE P-4 Copy of the order dated] \y, -Y 02.05.2024 ‘10. [Application under section 482 Cr.P.C. for exemption | t from filing _certified/ | legible/original _ copies alongwith supporting affidavit TI. | Vakalatnama Tele js cease FILED BY: Bhond PAWAN SHARMA & ASSOCIATES. Counsel for the petitioner Chamber no.G-515. Lawyers Chamber Block, karkardoooma Courts, Delhi Enrl. No. D-845/98 Mob:9313700115 NEW DELHI DATEIN THE HIGH COURT OF DELHI AT NEW DELHI BAIL APPLICATION NO. _______ OF 2024 IN THE MATTER OF: - MOHIT KUMAR ...PETITIONER VERSUS STATE (GOVT. OF NCT OF DELHI) RESPONDENT To. The Registrar General, High Court of Delhi, New Delhi Subject: URGENT APPLICATION. Sir. Will you kindly treat the accompanying petition u/s 438 Cr.P.C as an urgent one as per the Delhi High Court Rules. The grounds of urgency are: “Bail is prayed for” ee FILED BY: han PAWAN SHARMA & ASSOCIATES Counsel for the petitioner Chamber no.G-515, Lawyers Chamber Block, karkardoooma Courts, Delhi Enrl. No, D-845/98 Mob:9313700115 NEW DELHI DATEIN THE HIGH COURT OF DELHI AT NEW DELHI BAIL APPLICATION NO. _______ OF 2024 IN THE MATTER OF: - MOHIT KUMAR PETITIONER VERSUS STATE (GOVT. OF NCT OF DELHI) RESPONDENT To, The Standing Counsel (Criminal), High Court of Delhi, New Delhi NOTICE OF MOTION Sir, The accompanying petition under section 438 Cr.P.C shall be listed before the Hon’ble Court on or after ____. Kindly acknowledge the petition FILED BY Gethot PAWAN SHARMA & ASSOCIATES Counsel for the petitioner Chamber no.G-515, Lawyers Chamber Block, karkardoooma Courts, Delhi Enrl. No. D-845/98 Mob:9313700115 NEW DELHI DATEIN THE HIGH COURT OF DELHI AT NEW DELHI BAIL APPLICATION NO. ______ OF 2024 IN THE MATTER O MOHIT KUMAR _PETITIONER VERSUS. STATE (GOVT. OF NCT OF DELHI) _.. RESPONDENT FIR No. 135/2024 U/s 363/376 IPC & 6 POCSO ACT P.S. Karawal Nagar MEMO OF PARTIES Mohit Kumar S/o Sh. Palee Singh R/o H.No.B-245, 30 Futta Road, Gali No.3, Prem Vihar, Delhi ..Petitioner VERSUS STATE (GOVT. OF NCT OF DELHI) Through SHO P.S. Karawal Nagar, Delhi dheprosecutiondelhipolice@gmail.com < Respondent FILED BY: S&S Pond PAWAN SHARMA & “ASSOCIATES Counsel for the petitioner Chamber no.G-515, Lawyers Chamber Block, karkardoooma Courts, Delhi Enrl. No. D-845/98 Mob:9313700 115 NEW DELHI DATEcoun glees tN iH fs 10 0 10 10 COOMA MY vaIN THE HIGH COURT OF DELHI AT NEW DELHI BAIL APPLICATION NO. _______ OF 2024 IN THE MATTER OF: - Mohit Kumar S/o Sh. Palee Singh R/o H.No.B-245, 30 Futta Road, Gali No.3, Prem Vihar, Delhi ..Petitioner VERSUS STATE (GOVT. OF NCT OF DELHI) Through SHO P.S. Karawal Nagar, Delhi ahcprosecutiondelhipolice@gmail.com -Respondent FIRST APPLICATION ON BEHALF OF THE PETITIONER UNDER SECTION 438 OF THE CODE OF CRIMINAL PROCEDURE FOR GRANT OF ANTICIPATORY BAIL. IN CASE FIRNO.135/2024 UNDER SECTIONS 363/376 IPC & 6 POCSO_ACT P.S. KARAWAL NAGAR, DELHI TO THE HON’BLE CHIEF JUSTICE AND HER COMPANION JUDGES OF THIS HON’BLE COURT MOST RESPECTFULLY SHOWETH:- 1, That the petitioner is preferring the present petition seeking grant of anticipatory bail under section 438 Cr. P.C. in case FIR Nout under Section 363/376 IPC & 6 POCSO Act P.S. Karawal Nagar, Delhi. Copy of the FIR alongwith its Hindi and English typed copies are annexed herewith as ANNEXURE P-1 (COLLY). That the petitioner has been falsely implicated by the police officials of P.S. Karawal Nagar, Delhi in the present case on the instance of the complainant3. That the petitioner had earlier applied for the anticipatory bail before the Ld. A.S.J., District Court, Karkardooma, Delhi on 23.04.2023, the Ld. ASJ was pleased to pass an order thereby directed to the petitioner to join the investigation as and when called by the I[O against written notice and also passed an order thereby directed to the IO till then no coercive step be taken against the accused/petitioner herein and the matter was adjourned for 02.05.2024. Copy of reply filed by the IO is annexed herewith as ANNEXURE-P-2. Copy of the order is annexed herewith as ANNEXURE-P-3. on, the petitioner had 4. That as per the direc joined the investigation as per the instructions of the IO 2024, the Court of Sh. Ajay Gulati- 5. That on 02.05 Il, ASJ (SC-POCSO)-2, Distt., North-East,a Karkardooma Courts, Delhi, Ld. ASJ-01(East), Karkardooma Courts, Delhi (hereinafter referred io as the Ld. ASJ) (hereinafter referred to as the impugned order) was pleased to dismiss the anticipatory bail of the petitioner. Copy of the order dated 02.05.2024 is annexed herewith as ANNEXURE P-4. That story in nutshell as per the FIR on 29.03.2024, a written complaint was lodged on the instance of the father of the prosecutrix (X) in P.S. Karawal Nagar, Delhi regarding missing his daughter, thereafter the police officials of P.S Karawal Nagar, Delhi had registered an FIR No.135/2024 U/s 363 IPC. That on 05.04.2024, the prosecutrix (X) was recovered from Roorki, Uttrakhand, and she was returned back alongwith her parents. Police officials of P.S. Karawal Nagar, Delhi alsoarrested the petitioner and kept in P.S. Karawal Nagar, Delhi for three days, later on the police officials have released the petitioner from the police station 8. That thereafter the police officials recorded the statement u/s 161 Cr.P.C. of the victim in which the victim did not level allegation of sexual assault and rather stated that she had herself gone with the accused 9. That on 06.04.2024, the victim was produced before the Ld. M.M. for recording the statement under section 164 Cr.P.C, and the victim also did not level any allegations against the accused, 10. That on 08.04.2024, the victim was produced before CWC where she stated that she could not state the correct fact as such the statement of the victim was again recorded under section 164 Cr.P.C. wherein she leveled allegations of sexualassault having been committed upon her by the petitioner. . That thereafter the 10 of the present case added the section 376 IPC and 6 POCSO Act _ That the petitioner had moved an application for anticipatory bail before the Ld. District & Sessions Judge, however from the reply filed by the 10, it was transpired that the provision of section 376 IPC and 6 POCSO Act were added. hence the present anticipatory bail application was transferred to the Ld. ASJ “That being aggrieved with the impugned order, the petitioner is preferring the present application before this Hon'ble Court on the following amongst grounds: GROUNDSA.That the petitioner is peaceful and law abiding citizen of India and having the deep roots in the society. B.That on 05.04.2024, the prosecutrix was recovered from Roorki, Uttrakhand and she was returned back to Delhi alongwith her parents C.That the police officials of P.S, Karawal Nagar, Delhi released the petitioner from the P.S. as the prosecutrix made statement before police honestly and stated that she herself ran away from house and she did not level allegation against the petitioner at that time D.That on 06.04.2024, when the statement of the prosecutrix was recorded before the Ld. M.M. she honestly stated her entire facts before the Ld. M.M. as at that time she was alone when the statement was recorded by the Ld. M.M E.That on 08.04.2024 at the instance of the family members, the prosecutrix has changedher version and levelea allegations against the petitioner when her statement was recorded before the Ld. M.M. . That the second statement recorded before the CWC as well as the Ld. M.M. was at the instigation of the family of the prosecutrix as during the arguments before the Ld. ASJ, the prosecutrix stated that she is seventeen years Six months old at the time of ledving her house That no offence committed by the petitioner against the complainant and the petitioner is no required for custodial interrogation . That the petitioner is not involved in any case except the present false present FIR and there is no any case is pending against him before any court of law.1. That the petitioner having clean antecedent and the petitioner is ready to join the investigation as and when required by the [0 of this case That it has been held in “Navendu Babbar Vs State of GNCT of Delhi, Bail application n0.953/2020 decided on 18.06.2019 that continuation of investigation is not @ valid ground to denied bail. The Hon'ble Apex court has also held that pre-trial detention has been depreciated by the courts and the bail is the rule and jail is the exception K.That the petitioner is ready to furnish the reliable surety to the entire satisfaction of this Hon’ble Court and there is no chance of his absconding or tempering prosecution evidence if he is release on bail. That the petitioner is permanent residence of Ss the above said address and there is no chance of his abscondingM. That the petitioner undertakes to abide by all terms and condition imposed by this Hon'ble Court. N. That the petitioner has previously not preferred any other similar petition/application for grant of anticipatory bail application either before this Hon’ble Court or before the Hon’ble Supreme Court of India PRAYER Under the facts and circumstances mentioned hereinabove, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to pass an order for release of the petitioner on anticipatory bail in case FIR No.135/2024 under Section 363/376 IPC & 6 POCSO Act P.S. Karawal Nagar, DelhiPass any other or further order(s) as this Hon'ble court may deem fit and proper in the above facts and circumstances in favour of the petitioner, in the interest of justice wey PETITIONER THROUGH PAWAN SHARMA & ASSOCIATES Counsel for the petitioner Chamber no.G-515, Lawyers Chamber Block, karkardoooma Courts, Delhi Enrl. No. D-845/98 Mob:9313700115 howd NEW DELHI DATEIN THE HIGH COURT OF DELHI AT NEW DELHI BAIL APPLICATION NO. _______ OF 2024 MOHIT KUMAR ..PETITIONER VERSUS STATE (GOVT. OF NCT OF DELHI) .. RESPONDENT AFFIDAVIT 1, Mohit Kumar aged about 30 years S/o Sh. Palee Singh R/o H.No B-245, 30 Futta Road, Gali No.3, Prem Vihar, Delhi , do hereby solemnly affirm and declare as under: - That I am petitioner in the above case and am fully conversant with the facts thereof and am competent to swear this affidavit. _That the accompanying anticipatory bail petition under section 438 Cr.P.C. has been drafted by theunder my instruction and contents thereof have been read over and explained to me in vernacular, which I admit to be correct and which may kindly be read as part and parcel of this affidavit, which are not reproduced herein for the sake of brevity. Clas < DEPONENT € ee VERIFICATION: - 10 MAY 2024 as Verified at Delhi on this __ day of May, 2024 s that the contents of my aforesaid affidavit are true and correct to my knowledge and nothing has been concealed therefrom. WH DEPONENTvasa rguament (8/0) L1.CHUNNT LAL e Delesvene oF Ginn cam Ne 07,= AD FAR, Contents catered senarate: “ ne ne tte cova srs ge § 4 i ee con aerate ma ey ee a3 3/2004 2 re " ait te ro ee 2% ona TE a is Tomer mea % & SI cay mer Tes 0AM 3a lene 29/3/24 mt ealTRUE TYPED COPY FIRST INFORMATION REPORT (Under Section 154 Cr. P.C.) (arr 154 avs ufeer eféar @® aed) 1. District fre; NORTH EAST P.S. errert KARAWAL- NAGAR, Year avf 2024 FIRNO. WoRofsoeo-0 135 Dated fatten 29/03/2024 2. Act (s) stferfererat Section (s) erat {E} = IPC 1860 363 3. Occurrence of offence aruzrer at weet (a) Day fee:FRIDAY Date from feats 2:29/03/2024 Date to fetes ctas:29/03/2024 Time Period erarer arafer Time from eater 2:09:30 hrs Time to Water eb :09:31 hrs (b) Information received at P.S. ren orei ear ure BE Date feetias 29/03/2024(©) @ Time ‘eter 22:00 hrs. General Diary Reference Yorenrarar recat Entry No, afafte eizer 074A Time water: 22:10 hrs Type of Information eget ar vere: — Written Place of Occurrence He=rzeret: (a) Direction and distance from PS etretr & gt ate feen:NORTH EAST 1.5 KM (s) Beat No. dite zio:NA (b) Address. Jatt: B 244 GALI NO.3, PREM VIHAR SHIV VIHAR KARAWAL NAGAR DELHI (c) _ Incase, outside the limit of the Police Station af& erent wie B aree er: Name of P.S. emrert at aTet District fren: ‘Complainant/informant fSreprererepatt /eferetrenert- Name aifat: RAMPRAKASH (S/O) LT CHUNNI LAL, Date/year of Birth reat ferfBr/eref:1971 (b) Nationality eregterer: INDIA(c) Passport No ureraté 240. ieee aS of issue GIS apeet aT FAAV.........-.. Place of Issue oS} cpzet apt VeTTet (4) Occupation @reretrer: NOT KNOWN Address Wat: B 244, GALI NO.03, PREM VIHAR, SHIV VIHAR KARAWAL NGAR DELHI, KARAWAL NAGAR, NORTH-EAST, DELHI, INDIA, 8287827526 Details of known/suspected/unknown accused with full particulars (Attach separate, sheet if’ necessary) arevatorsrera, sifryar or yy fae safer avfar: Reasons for delay in reporting by the complainanv/informant fereprraepat epeareat “arer Ruré 2 B acl weet wr Het:NO DELAY. Particulars of properties stolen (Attach separate Sheet, if necessary) eifever weufect apr feraeer:SINo. Property Type (Description) Est. Value(Rs.) Status 10. Total value of property stolen ast Bs eeafet aT Be ger 11. Inquest repor/D. case No. if any agegy wraftair Ragqodio wen co, afe wre: 12. FIR contents (attach separate sheet, if'required) erat yaar Ras cea: are HoT Ta FaTe S/O LT Ueaft ate R/O H No B 244 gali no 03 oa fer a fae saat aay fect 34 53 ret ra AO 8287827526 carat Fara & few gH ge Soa aaftant tect fl atk ong a art aRaT GI AL a Fea SI Fa A ater Tas Gr FI ra Bar 17 Tet § AEWA E Si aint fers 29/3/2024 Fr Ha sila 09.30 AM ax a fe gape ase fern Fert aac aR feet OK ae ahr fSraat Hat araet aReare & arer apr Teter Far Ales Dio TAT WePIRT Te SH HT HS YT CT To STAT gfe FAVRE HE 5 He, VT AAA, Se ahr Afar aT Teta,fae athe woe A ate a ae are spare FH reer athe OT HAS re Tee ETE et era ef AN TSA AH 3H 47 BI 5 EA HANS ATT ATA TOT PATA HL sar 81 ee FAT AT A TY aT cat & Perey Free aadardt &t are ate AY ash Sarat Hr Teer ea TAL 31a BRT eat fara Ba fear Go fra Sth FI SD Hindi qrsimret Attested By ASI Sudesh Kumar no 801/NE PS Karawal Nagar D1 29/03/2024 Ataier Sqel Sha BES aman alder Aare Paeah BRT HT Sef ferdae & fr Fee 29/3/2024 4 Hat ASI AY sagt 08.00AM to 08.00PM sroraarata & chiar wae ails 02.00Pm Fe Melt gat AT ate a Rreprectrctt war WRT S/O LT yeit oer R/O H No B 244 gali no 03 42 fare fala faere aeraet aa ferret omar arise serene stat Se Teta SH 17 Bret 5 Heer ape eke AY arate SHOT eae THT TEN FATT GY CTT grat & caret B greet B AMAA U/S 363 IPC wr ete Gat srrar &| Foret Hat ASI a var TERR CIN ANS HSA Sotaraek & fate quer amet at seh sreHEe ATE HY AT FAT AT wer aca ook efatee anes aaa AY aire A aT aIg44 Sala SHO ea SI Sanjay Tomer aga & garet AT SRN a ASI Frere avert G1 eet Ht arg HHT Baie 29/3/24 at 09.30AM UeaiTEzteT - H No B 244 gal no 03 a faere Pera faere aerate aa Feeett Tere aART eT 3 aa # ante a waa-ears 29/3/24 at SD Englsin AS! Sudesh kumar no 891/NE PS Karawal nagar Dt 29/3/2024 fers ardandt sa ware aot & far ge Waa AS! Sudesh kumar aes a feedt a vem Teka dae ATA SI/DO ai Case Registered a0et H Se B rer A ETT feral yee & faa Wz aat SI/Do # Case FIR No 135/24 U/S 363 IPC vEeX FH F CCTNS Staff # Computerized FIR 41 original WG TAT Computerized FIR Copy Investigation aIgaa¥ Seid SHO HIgt SI Sanjay Tomar wea & gard A ag) ater faftat sre & cant sea aaftranteat a ore farararey ore eae Sstiepet HT ATS |ince the above report reveals commission 13. Action taken of offence(s) U/s as mentioned at item No, 2 a) arg aria (af sada onererf a oar aca & fe sae azat ar adler Ae geen 2 a sede an } aed & (i) Registered the case and took up the investigation or eso aof fee aren ae oa & fer ferer oreat (ii) Directed/(name of 1.0.) {etre sift} at aret} SANIAY KUAMR Rank ua SI (Sub-Inspector) NO.:28871225 to take up the investigation at ora amet ory # aa fer fader fear orem! or ar. (iii) Refused investigation due to ofa & ferz OR ar (iv) Transferred to P.S. (name) errenr OR a On point of jurisdiction at @onferesrz B wre sectiaher DistrictF.LR. read over to the complainant/ informant, admitted to be correctly recorded and a copy given to the complainant/ informant, free of cost Rrerraeat a urefe us ax yang arf, w& aol gg aren ste ue ath Rargee Rreprerresah at A arch RO.AC sirzositovoefto: 14, iiss nature/thumb impression of the complainant/ informant Rrorernatearpal B wearerersrgye ast Prenat -Sd- Signature of officer Name attat: MEHBOOB ALI Rank ue: SI (SUB-INSPECTOR) No.:28871770 Date & time dispatched to the court. stare A Woot at feats sie ware:ENGLISH TRANSLATED TYPED COPY FIRST INFORMATION REPORT (Under Section 154 Cr. P.C.) 1. District: NORTH EAST P.S. KARAWAL NAGAR, Year 2024 FIRNO. -0135 Dated:29/03/2024 2. Act (s) Section (s) - IPC 1860 363 3. Occurrence of offence (a) Day: FRIDAY Date from:29/03/2024 Date to:29/03/2024 Time Period e from:09:30 hrs Time to :09:31 hrs (b) Information received at P.S. Date 29/03/2024 Time: 22:00 hrs. (c) General Diary Reference Entry No. 074A Time: 22:10 hrs 4. Type of Information: Written(@) (b) Dietion and dstnce fom -PSINORTH pe eae BAST 1.5 KM (s) Beat No.NA- @ ‘Address: B 244 GALI NO.3, PREM VIHAR SHIV VIHAR KARAWAL NAGAR DELHI (©) _ Incase, outside the limit of the Police Station: Name of PS. District = Complainanvinformant:- ‘Name: RAMPRAKASH (S/O) LT CHUNNI LAL Date/year of Birth:1971 © H (s) Nationality: INDIA Passport No. ... Date of issue .- Place of Issue Occupation : NOT KNOWN ‘Address : B 244, GALI NO.03, PREM VIHAR, SHIV VIHAR KARAWAL NGAR DELHI, KARAWAL NAGAR, NORTH-EAST, DELHI, INDIA, 82878275267. Details of known/suspected/unknown accused with full particulars (Attach separate, sheet if necessary) = 8. Reasons for delay in reporting by __ the complainanvinformant :NO DELAY. 9. Particulars of properties stolen (Attach separate Sheet, if sary) SINo. Property Type (Description) Est. Value(Rs.)Status 10. Total value of property stolen 11, Inquest repor/D. case No. if any 12. _ FIR contents (attach separate sheet, if required) : Statement of Ram Prakash S/O Late Chunni Lal R/O H No B 244 gali no 03 Prem Vihar Shiv Vihar Karawal Nagar Delhi Age 53 years Phone No.8287827526 | have stated that I live with my family and work as a tailor. My daughter, Sonam, is 17 years old and died at around 09.30 AM today. Had gone to temple Hanuman Temple, Shiv ViharKarawal Nagar Delhi, which I searched a lot with my family Sonam D/o Ram Prakash No trace of the follow above found, whose appearance is as height 5 feet. fair complexion, face round but body thin, with white complexion She is wearing black colored jeans and slippers. I suspect that my daughter Sonam, aged 17 years, has been seduced by some unknown person. Action should be taken and my daughter Sonam should be searched. You have heard and read my statement. SD Hindi Attested By ASI Sudesh Kumar no 801/NE PS Karawal Nagar D1 29/03/2024 Mr. Duty Officer, Police Station Karawal. City Delhi, for government work, it is requested that on 29/3/2024, during the during the duty of ASI from 08.00 AM emergency. to 08.00 PM, the complainant was present in Police Station at around 02.00 PM. Complainant Ram Prakash $/O Late Chunni Lal R/O H No B 244 gali no 03 Prem Vihar Shiv Vihar Karawal Nagar Delhicame to the police station and gave her statement regarding the missing of her daughter Sonam, aged 17 years and 5 months, which from the statement of the case is Vyan Bala, from the circumstances under U/S 363 IPC is found. In whose mind, ASI has prepared a complaint and is presenting it to the duty officer at Darpesh police station to register the case. After registering the case, further investigation of the case should be handed over to the senior SHO sir, SI Sanjay Tomer sir. I am busy in discussion with AST. Date and time of incident - Date 29/3/24 at 09.30AM Place of incident - H No B 244 gali no 03 Prem Vihar Shiv Vihar Karawal Nagar Delhi Date and time of giving in Palekh Darpesh police station 29/3/24 at SD Englsih ASI Sudesh kumar no 801/NE PS Karawal nagar Dt 29/3/2024 Police action is recorded that at this time ASI Sudesh Kumar prepared a document in Hindi and presented it to the SI/Do in the police stationfor the purpose of getting the case registered. On receiving the document, $I/Do registered Case FIR No. 133/24 U/S 363 IPC and got Computerized FIR done from CCTNS Staff and handed over the original document and Computerized FIR Copy Investigation to the senior SHO sir SI Sanjay Tomar sir. Other scripts will be sent to higher authorities by post, information hasbeen registered 13. Action taken: Since the above report reveals commission of offence(s) U/s as mentioned at item No. a4 (i Registered the case and took up the investigation or. (ii) Directed/(name of 1.0.) SANJAY KUAMR Rank: SI (Sub-Inspector) NO.:28871225 to take up the investigation er, (iii) Refused investigation due to oR(iv) Transferred to P.S. (name): OR On point of jurisdiction District F.LR. read over to the complainant’ informant, admitted to be correctly recorded and a copy given to the complainant/ informant, free of cost ROAC: 14. Signature/thumb impression of the complainant informant “Sd- Signature of officer Name: MEHBOOB ALI Rank: SI (SUB-INSPECTOR) No.:28871770 15, Date & time dispatched to the courtIN THE COURT OF SHRI PANKAJ ARORA, ASJ, KARKARDOOMA COURT, NORTH- EAST, DELHI CASE FIR NO. 135/24 U/S 363/376 IPC & 6 POCSO ACT PS KARAWAL NAGAR, DELHI Respected Sir, In this regard it is submitted that abovementioned FIR was registered in PS Karawal Nagar on dated 29/03/24 on the statement of complainant Resmaaianstt who stated that her daughter Semmm Age-17years has been missing since dated 29/03/24. Preliminary FIR was registered U/S 363 IPC. The same was handed over to SI Sanjay Singh for further investigation. SI Sanjay Singh flashed WT messages to all India police’ for searching missing girl. Information was sent to Control room, NCRB, CBI, DOORDARSHAN. But no clue was found : On dated 04/04/24, S| Sanjay Singh received a phone call from Roorkee Police Station to give information that Missing girl Sonam along with a male person namely Mohit was present at police station. On dated 05/04/24, After taking permission from seniors, SI Sanjay Singh along with complainant along with staff departed to Roorkee Police Station. Victim was brought to Police Station Karawal Nagar. CIC Counsellor through 181 was called immediately and the victim was counselled and enquired and medically examined vide MLC No. 19965. ae Victim’stated that that he went to Haridwar along with victim and ion. As per the law, in U/S 363 IPC punishment is less than 7 years, by serving Notice U/S 41,A CrPC, Accused Mohit S/o Palli Singh was also interrogated he stated the same version. Interrogation report was prepared and On dated 08/04/24, victim was produced before Child welfare Committee where she stated that she was under fear and pressure, that why she didn’t state that Mohit had made physical relation with victim against her will. Child welfare Committee directed the 10 to get recorded Statement U/s 164 CrPC again. On thesame day victim was produced before thé Hon'ble Court wherein Miss Arushi Palwal, MM, Mahila Court recorded Statement U/S 164 CrPC of victim in which she stated that Accused Mohit Kumar S/o Palli Singh had made physical relation with victim against her will. As victim is minor. So Sec 376 IPC & 6 POCSO Act has been added. A Raid was conducted to the house of accused B-245, Gali No. 3, Prem Vihar, Karawal Nagar, Delhi. But no one was found there, House was locked _from outside. Hereby | request you not to grant anticipatory bail to Accused Mohit Kumar S/o Palli Singh as he had committed serious offence. Submitted Please. win No. D-1889 PS Karawal NagarBail Application No. 346/2024 STATE Vs. MOHIT KUMAR i- SL FIR No. 135 /2024 tniho Coutot St ssl (KARAWAL NAGAR) Karrardooma Courts Dal 23.04.2024 Only one regular stenographer is available and no substitute stenographer is provided. The present application u/s 438 Cr.P.C seeking anticipatory bail has been filed on behalf of accused. Present: Sh. Neeraj Madhup, Ld. Addl. PP for State. Sh. Saurav Pandey, Proxy Counsel for Sh. Pawan Sharma, Ld. Counsel for applicant. SI Neha in person. Victim is absent. ‘The present application has been assigned to this court by way of transfer v.o.d, 22.04.2024 passed by Ld. Principal District & Sessions Judge File perused. It is submitted by the IO that the victim is on the way to court. Proxy Counsel for applicant/accused seeks adjournment on the ground that the main counsel Sh. Pawan Sharma has met with an accident yesterday therefore he is unable to appear before the court. Upon enquiry from the IO, it is subitted that initially when the victim had given her statement w/s 164 Cr.P.C on 05.04.2024, she has not levelled any allegation against the accused and as such notice was given to the applicant and he had joined the investigation however after counselling of the victim om CWC, her statement was again recorded u/s 164 Cr.P.C herein she has levelled allegations of sexual assault upon theaccused and thereafter the accused has not joined the investigation. Since an adjournment is sought on behalf of Ld. Counsel for applicant on medical grounds of the counsel therefore list the application for consideration on 02.05.2024. Let notice be issued to the victim. The notice to be issued to the victim must record that the victim is not required to appear in person and is at liberty to appear through VC or through her guardian/parents or through her authorized representative. In the meantime, the applicant is directed to join the investigation as and when called by the IO against written notice. Till then no coercive steps shall be taken against the accused. Copy of order be given dasti to Proxy Counsel for accused as well as to the IO. Say (Ajay Gulati-I1) ASJ (SC-POCSO)-02, North-East District, Karkardooma Courts, Delhi 23.04.2024 kK 3 Judge (ort Keaocns outs Dal 24) U4) rooy+ Bail Matters 346/2024 (filed on 20.04.2024) fie QULATI UL State Vs. Mohit Kumar re marc arti~o2 FIR No. 135 /2024 (Karawal Nagar) AAR Secs ie Stoo U/s 363/376) IPC & 6 POCSO Act Neen Ded Fat i SEURRM Wf 02.05.2024 eee One stenographer is on leave and no substitute stenographer is provided. This is an application U/s 438 Cr.PC seeking anticipatory bail filed on behalf of accused. Present: Sh. Neeraj Madhup, Addl. PP for the State. Sh, Pawan, Ld. Counsel for applicant/ accused. Victim a/w father and Ld. Counsel, Sh. Akash Kaushal. IO/SI Neha in person. Arguments heard. ity Ld. Counsel for applicant /accused has submitted that initially the present FIR was registered U/s 363 IPC whereafter the accused received a notice U/s es 41A CrPC therefore he moved the present anticipatory bail application, however from the reply filed by the IO, it was transpired that the provisions of Section 376 IPC and Section 6 of POCSO Act were added and therefore the present application was transferred to this court. 2 Ld. Counsel for applicant /accused has submitted that the victim had left her home on her own with the accused whereafter the applicant/accused and the aN ‘ ®: victim were recovered from Roorkee and at that time Etne victim did not level any allegations against the Page No. 1/4applicant/accused before the police and as such the accused was bound down by the police. It is also submitted by the Ld. Counsel for accused that from the reply filed by the 10 it is also clear that victim has stated to the police that she had herself left her house and the same statement was made by her before the Ld. MM when her first statement was recorded on 06.04.2024, however thereafter victim changed her version and leveled allegations against applicant/accused in her second statement recorded Ujs 164 Cr.PC on 08.04.2024 and thus it is prayed that the applicant/accused be granted anticipatory bail on account of different versions of the victim. Victim alongwith her father and her Counsel has appeared in person. Ld. Counsel for victim, on the instructions of the victim, has opposed the bail application on the ground that the accused is 30 years of age whereas the victim is 17 years and 6 months old and the accused had taken the victim and committed sexual assault upon the victim which was stated by the victim in her second statement made before the Ld MM on 08.04.2024, since the victim was under constant fear and thus the bail application be dismissed. Ld. APP for the State has also opposed the bail application on the ground that there are serious allegations of commission of penetrative sexual “assault upon the victim by the accused and the Page No. 2/4 Nehx{ 1] 0) Z10. accused was married and having children at the time of the incident which also shows the gravity of the offence being committed by the accused. Heard. Considered. In the present case, the subject FIR was registered ‘on 29.03.2024 after the complaint made by the father of the victim regarding missing of the victim from home. ‘As per the reply filed by the 10, the victim and the accused were recovered from Roorkee on 05.04.2024 and her statement was recorded U/s 161 CPC in which the victim did not level allegations of sexual assault and rather stated that she had herself gone with the accused. Itis also seen from the reply that the statement of the victim U/s 164 Cr.PC was recorded on 06.04.2024 in which she stated before Ld. MM that she had herself gone with the accused to Haridwar, however thereafter she was produced before CWC where she stated that she could not state the correct facts due to fear and pressure and as such the statement of the victim was again recorded U/s 164 CrPC on 08.04.2024 wherein she leveled allegations of sexual assault having been committed upon her by the accused. I have also seen the police file and the statement made by the victim before the police and before the A Ld. MM on 06.04.2024 and 08.04.2024. Page No. 3/4It has not been disputed by the Ld. Counsel for accused that the accused is aged around 30 years and he is married and also has children. Keeping in view the aforesaid facts and circumstances as well as the statement made by the victim before Ld. MM and considering the gravity of the offences, at this stage, this court is not inclined to grant anticipatory bail to the applicant/accused and thus, the application seeking anticipatory bail is accordingly dismissed. Nothing stated herein shall tantamount to an expression on the merits of the case. Copy of order be given dasti to 10 as well as Ld. Counsel for accused. Karkar ae Delhi x ae 5; 20248 Page No. 4/4 Neh Ty ot OTeIN THE HIGH COURT OF DELHI AT NEW DELHI BAIL APPLICATION NO. _______ OF 2024 IN THE MATTER OF: - MOHIT KUMAR .. PETITIONER VERSUS STATE (GOVT. OF NCT OF DELHI) -RESPONDENT APPLICATION ON __ BEHALF __OF__THE PETITIONER FOR EXEMPTION FROM FILING THE _ ORIGINAL CERTIFIED AND LEGIBLE COPIES OF THE DOCUMENTS FILED AS ANNEXURES MOST RESPECTFULLY SHOWETH Mejmteetiesipetitioner hes) filed|/ the! accompanyine petition under section 438 Cr.P.C and the contents of th ¢ same may kindly be read as part and parcel ofthe present application as the same are not being repeated herein for the sake of brevity and repetition. . That the petitioner has fiied the copies of the documents as Annexures alongwith the present petition as the original, certified and legible copies of the same were not available at the time of filing the present petition and undertakes to file the same as and when the same is available to him PRAYER It is therefore most respectfully prayed that in the light of the above facts and circumstances this Hon’ble Court may kindly be pleased to exempt the petitioner from filing the original, certified and annexures. legible copies of the documents filed a:~ BAIL APPLICATION NO. OF 2024 INTHE MATTER OF: = MOHIT KUMAR . PETITIONER VERSUS. STATE (GOVT. OF NCT OF DELHI) ... RESPONDENT AEFIDAVIT I, Mohit Kumar aged about 30 years S/o Sh. Palee Singh R/o H.No.B-245, 30 Futta Road, Gali ‘No.3, Prem Vihar, Delhi , do hereby solemnly affirm and declare as under: - 1. That I am petitioner in the above case and am fully conversant with the facts thereof and am competent to swear this affidavit. 2. That the accompanying application for exemption has been drafted by the counselmay kindly be read as part and parcel of this affidavit, which are not reproduced herein for the sake, of brevity. & S ee: nae ee age wear oe VERIFICATION: - \1 0 MAY 2024 Oe x & sx as Verified at Delhi on this day of May, 2024 that the contents of my aforesaid affidavit are true and correct to my knowledge and nothing has been concealed therefrom. nitty DEPONENT 4g KaenOad eet to niger knowedge ioner KB Court, Detht