HEMANI @ HEMA Vs. STATE OF DELHI

JUDGEMENT

(1.) Vide this order, I shall dispose of a bail application filed under section 439 Cr.P.C on behalf of the petitioner Hemani @ Hema in FIR No. 0204/2019 u/s. 384/386/506/120B IPC and 12 POCSO Act, PS Malviya Nagar.

(2.) During the course of arguments, Ld. APP for the state had sought time to file reply/status report. However, Ld. Counsel for the petitioner insisted for disposal of bail application today itself. In these circumstances, the bail application was heard today itself and is being decided after going through the record and police file.

(3.) Ld. Counsel for the petitioner has prayed for bail on the ground that petitioner is innocent and has been falsely implicated. It is submitted that no transaction have been made from Paytm Wallet registered with mobile no. 7011705986 which is in the name of victim and also no Whatsapp communication was done from 2016 to 2019 between victim and petitioner. It is further submitted that in the statement of victim, recorded under Section 164 Cr.P.C., name of petitioner is not mentioned. It is further submitted that nothing was recovered from the possession of the petitioner at the time of her personal search. It is further submitted that it is not possible for a minor girl to transfer a huge amount of Rs. 30 Lacs from the account of her father without having knowledge of login password. It is further submitted that petitioner is an illiterate house wife and she has no knowledge about operation of any android phone and therefore, not able to commit such an offence. It is, therefore, prayed that petitioner be released on bail.