Mohd Faheem v. State (Nct of Delhi)

O R D E R %

31.10.2017

¶1By way of this application filed under Section 439 Cr.P.C. the petitioner is seeking regular bail in case FIR No.134/2017, under Section 354-B/509/506 IPC & 12 POCSO Act registered at PS Hazrat Nizamuddin.

¶2Learned counsel for the petitioner has placed on record copies of the complaint filed by the petitioner against the father of the complainant.

¶3Learned APP for the State has not disputed the factum of complaint being filed by the present petitioner against father of the complainant much prior to the registration of this FIR against him.

¶4The allegations against the petitioner are that when the complainant along with her sister and sister-in-law was returning from Red Fort they got down near Nizamuddin Mandir where three-four persons started passing comments and one of them was Faheem (petitioner herein). When the BAIL APPLN. 2086/2017 matter was informed to the mother of the petitioner, even his mother said that "tumhare ghar ki ladkiyon ko ghar se utha len ge" and Faheem also stated that he is neta and nobody can take any action against him.

¶5The petitioners has placed on record photocopy of the postal receipts as well as the complaints dated 18th March, 2017 and 27th June, 2017 addressed to PS Hazrat Nizamuddin and copy being sent to other senior officers informing the police authorities that due to the complaints made by him against Asif, who was dealing in illegal drugs, he was apprehending danger to his life as he has received threat and sought action.

¶6Taking into consideration the nature of allegations made against the petitioner and the factum of the complaints being made much prior to the registration of this FIR No.134/2017 against the father of the complainant, the petitioner is released on bail on his furnishing a personal bond in the sum of `50,000/- with one surety in the like amount to the satisfaction of Trial Court/Link Court, subject to the condition that the petitioner shall not leave the country without the permission of the Court and he shall not try to influence the witnesses.

¶7As prayed, copy of the order be given dasti to learned counsel for the petitioner under the signature of Court Master.

PRATIBHA RANI, J. OCTOBER 31, 2017 'hkaur'

BAIL APPLN. 2086/2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2086/2017 MOHD FAHEEM ..... Petitioner Through: Mr.Nitin Rai Sharma, Advocate versus STATE (NCT OF DELHI) ..... Respondent Through: Ms.Rajni Gupta, APP for the State with SI Manisha, PS Hazrat Nizamuddin. CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI