SUNITA Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.P.C. read with Sec. 482 Cr.P.C. on behalf of the applicant seeking regular bail in FIR No.368/2016 registered under Ss. 370A(1)/372/323 IPC, Ss. 4/6 of the POCSO Act and Sec. 5 of the Immoral Traffic Prevention Act, 1956 (hereinafter, referred to as the 'ITPA ') at P.S. Bindapur, Delhi. Alongwith the application for regular bail, the applicant has also preferred an application seeking interim bail, being CRL.M.(BAIL). 868/2021.

(2.) After completion of investigation, the charge sheet in the instant case was filed under Ss. 323/366A/370(4)/370A(1)/34 IPC, Ss. 4/12/17 of the POCSO Act Sec 23 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Ss. 4/5 of the ITPA.

(3.) Mr. Mohit Mathur, learned Senior Counsel appearing for the applicant, submitted that the applicant is in custody since 28/5/2016, and the charge sheet having already been filed, she is no longer required for any investigation. It was further submitted that 8 witnesses have already been examined and there are multiple contradictions qua the role of the applicant in the statements of said witnesses, including that of the child victim herself.