ANIL KUMAR BHARTI vs STATE OF NCT OF DELHI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 17.01.2025 + BAIL APPLN. 40/2025 & CRL.M.A. 244/2025 & CRL.M.A. 245/2025 ANIL KUMAR BHARTI .....Petitioner Through: Mr. Kriti Ranjan , Mr. Kumar Gaurav and Mr. Tanishq Sharma, Advocates versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Rajkumar, APP for the State Mr. L.S. Chaudhary Mr. Ajay Chaudhary, Mr. Bharat Chaudhary, Mr. Vikram Singh, Mr. Anirudh Sharma and Ms. Ayushi Gupta, Advocates for respondent no. 2. CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA JUDGMENT SWARANA KANTA SHARMA, J. 1. The instant application under Section 439 of the Code of Criminal Procedure, 1973/Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the applicant, seeking grant of regular bail in case bearing FIR No. 28/2022, dated 05.01.2022, registered at Police Station Mundka, Delhi for offence punishable under Sections 63/366/368/323/344/376/ 506/120B/34 of Indian Penal Code, 1860 (hereafter „IPC‟) and Section 6/17/21 of the Signature Not Verified BAIL APPLN. 40/2025 Page 1 of 7 Digitally Signed By:AANCHAL TAGGAR Signing Date:20.01.2025 21:32:02 Protection of Children from Sexual Offences Act, 2012 (hereafter „POCSO Act‟). 2. As per Status Report filed on record, the facts of the case are that on the complaint of Mr. „N‟, resident of Mundka, Delhi, a case was registered under Section 363 of IPC at P.S. Mundka, Delhi wherein he stated that his daughter Ms. „A‟, aged 17 years, was missing since 31.12.2021 and a boy named Shubham had taken taken away his daughter by luring her away. During the course of investigation, efforts were made to trace the victim and accused Shubham, son of Arjun Prasad Yadav, however, the accused was absconding. Non-Bailable Warrant against Shubham were