SHIVAM SAHU Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) The applicant, vide the present application seeks the grant of bail in relation to FIR No.114/2020, PS Seemapuri under Sections 376/506 of the Indian Penal Code, 1860 and Section 6 of the POCSO Act, 2012 submitting inter alia to the effect that he has been falsely implicated in the instant case at the behest of the mother of the complainant who seeks to settle her personal scores with the first wife of her husband and the brother of his first wife of her husband who is the father of the applicant herein. It has further been submitted on behalf of the applicant that the FIR has been lodged against the applicant by the complainant in collusion and connivance with the medical staff of the GTB Hospital and the police department who have ruined the life of the applicant and also to teach his father a lesson for helping his sister who is the step mother of the alleged victim/prosecutrix. The applicant submits that the charge sheet, the FIR and the medical documents annexed thereto, make it clear that the entire allegations levelled against the applicant are concocted and planned.

(2.) Notice of the application was issued to the State. In as much as, there are allegations qua the alleged commission of the offence punishable under Section 376 of the Indian Penal Code, 1860 and Section 6 of the POCSO Act, 2012, notice of the application was also directed to be issued to the prosecutrix through the Investigating Officer concerned for her obligatory presence through video conferencing either by herself or by her authorized representative.

(3.) The State has submitted its status report dated 20.07.2020 under the signatures of the SHO, PS Seemapuri in response and during the course of the proceedings taken up through video conferencing, the State has also placed on record through email, copy of which print out is placed on record, the copy of the ERSS sheet in question in the instant case. The prosecutrix was also represented through her counsel.