JUDGMENT : 1. This is an application under Section 438 r/w Section 482 of the Code of Criminal Procedure, 1972 seeking anticipatory bail. 2. The FIR bearing Nd.63/2013 was registered at Police Station Sadar Bazar under Section 314 Child Labour Act, 1986,under Section 23/26 Juvenile Justice (Care and Protection of Child) Act, 2000 & 16/17/18/19 Bonded Labour System (Abolition Act) 1976 and Section 374 of Indian Penal Code, 1860 on the allegation that raiding party was constituted who inspected some factories at Tyre Market, Bara Hindu Rao to rescue child labourers and for that purpose raid was conducted at four places including at premises No. 8151/2, Basement from where two children namely Mohd. Tasbeer, aged 10 years and Mujammin aged 11 years were rescued. The owner of the premises was Mohd. Muqeem, who is the petitioner in this case. 3. It is submitted by counsel for the petitioner that the petitioner was not the employer of the child labourers who were found in the premises in question. The petitioner had in fact taken the premises on rent. He gave labour contract for assembling the writing clips to Naushad and his brother Mutalim. The child labour is the relative of the contractor. The petitioner has been brought in just because of the fact that he is a tenant in the premises in question. No work of hazardous nature was being carried out at the property in question. Other co-accused were already granted anticipatory bail by Additional Sessions Judge wherein similar allegations were levelled. The petitioner has already deposited a sum of Rs.20,000/- each by way of the demand draft in favour of Delhi Child Labour Rehabilitation Cum Welfare Society on 1st May,'2013 and has no objection if the amount is released in favour of the children. The petitioner has been falsely implicated of this case. He is ready to join investigation and he has clean antecedents. As such, he be released on bail. 4. In the status report, it is submitted that statement of both the children has been recorded under Section 164 Cr. P.C. wherein child Mohd, Muzammil has stated that he was making wire clips in the workshop of the petitioner since three weeks for which he was paid Rs.3000/- while second child Mohd. Tasbir stated that he was also making wire clips in the workshop of petitioner since two weeks but he was not paid any salary. 5.
P.C. wherein child Mohd, Muzammil has stated that he was making wire clips in the workshop of the petitioner since three weeks for which he was paid Rs.3000/- while second child Mohd. Tasbir stated that he was also making wire clips in the workshop of petitioner since two weeks but he was not paid any salary. 5. Perusal of the statement of Mohd. Tasbir recorded by learned MM under Section 164 Cr.P.C. reveals that he was doing the work in the workplace of Mohd. Mukeem of his own will. The work was not hazardous in nature. He used to be provided food by Mohd. Mukeem. Mohd. Mukeem had told him that salary will be settled later on Similarly, the child Muzammil in his statement before the Magistrate has stated that he worked at the workshop of Mohd. Mukeem. His salary was settled at Rs.4,000/-. Since he has worked there for three weeks, he was paid Rs.3000/-. The work was not hazardous and he was working on his own will. 6. Keeping in view the statement of children, coupled with the fact that other co-accused have already been released on anticipatory bail and he has also deposited a sum of Rs.20,000/- each and has no objection if the same is released in favour of the children, it is ordered that in the event of his arrest:— (i) Petitioner be admitted to bail on his executing personal bond in the sum of Rs. 15-,000/- with one surety in the like amount to the satisfaction of the concerned I.O./SHO. (ii) He shall join the investigation as and when called for by the I.O. (iii) He shall furnish his address as well as the mobile number to the Investigating Officer, (iv) He shall not threaten or coerce any prosecution witness. 7. It is further ordered that the amount of Rs.20,000/- each deposited with Delhi Child Labour Rehabilitation Cum Welfare Society be released in favour of the children by way of FDR and the amount be released to them only on attaining their age of maturity. However, the natural guardian of the children will be entitled to quarterly interest on the said amount. 8. Copy of the order be given dasti to both the parties and the SHO concerned, who will sent the copy of the order before the concerned department for release of the amount by way of FDR in favour of the children.