VISHAL TYAGI Vs. STATE

JUDGEMENT

(1.) The applicant vide the present application seeks the grant of bail in relation to FIR No.487/2017, Police Station Burari under Sections 366/354/354A/354B/376/506/392/411/323/341 of the Indian Penal Code, 1860 and Sections 4/8 of the POCSO Act, 2012 submitting inter alia to the effect that the applicant has been falsely implicated in the instant case; that there are contradictions and variations in the complaint made by the prosecutrix and her statement under Section 164 of the Cr.P.C., 1973 and her deposition before the Court which contradictions are material in nature; that the applicant has been incarcerated for more than two years.

(2.) Notice of the application was issued to the State and to the prosecutrix through the Investigating Officer of the case. The prosecutrix put in appearance through video conferencing on 28.9.2021 and stated that she has now become a graduate and is currently working in retail banking and in reply to a specific Court query as to whether she opposes the bail application of the applicant or not, submitted that she opposed the same.

(3.) During the course of submissions that were made on the bail application on 28/9/2021, the learned counsel for the applicant/petitioner submitted to the effect that the age of the petitioner on the date of the alleged commission of the offence was less than 18 years in as much as the progress report of the petitioner as issued by the Chhotu Ram Public School, Bakhtawarpur, Delhi, showed his date of birth to be 30.10.1999. The State in reply to a specific Court query stated that in Column No. 11A in the charge sheet, the age of the applicant had been put forth as 18 years and thus vide order dated 28.9.2021 the Investigating Officer of the case was directed to make an endeavour to collect the birth certificate of the applicant and to verify the same from his school records and the Investigating Officer was also directed to conduct a verification in relation the progress report submitted by the petitioner. The State submitted the status report in relation to the progress report of the applicant.