(1.) A young boy of 23 years of age belonging to a very poor family and in judicial custody for more than ten months having been arrested in FIR No.189/2019 under Sections 364A/365/506/323/34 of the IPC, registered at P.S. Dwarka North, New Delhi applied for bail through the online facility provided at the Dwarka Courts. However, the online filing was rejected by the Facilitation Centre of Dwarka Courts on two grounds, namely, that the Vakalatnama was not duly signed and attested either by the accused himself or his family members, and secondly, that the application was neither bookmarked nor in searchable format.
(2.) It is the grievance of the petitioner, (though cause title mentions Hansraj & others, only Hansraj is the petitioner, as per the memo of parties) that despite explaining the difficulty in getting an attested/signed Vakalatnama, as the counsel resided in Gurugram and the family of the applicant resided in Ghaziabad and the borders were sealed, the online filing was rejected. Accordingly, the present petition has been filed with the following prayers: -
(3.) Sh. Pankaj Yadav, learned counsel for the petitioner also pointed out that the Dwarka Courts insisted on a Certificate, which is Annexure-B [Page 24 of the paper-book], which reads as follows: - <FRM>JUDGEMENT_102_LAWS(DLH)5_2020_1.html</FRM>