SANSAR GUPTA vs STATE (NCT OF DELHI)

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: December 04, 2025 + BAIL APPLN. 3489/2025 SANSAR GUPTA .....Applicant Through: Mr. Gaurav Agarwal, Mr. Mukesh Kumar, Mr. Anushrestha Pratap Singh, Advocates versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Sunil Kumar Gautam, APP for the State with SI Priyanka, PS Ambedkar Nagar. Ms. Seema Kushwaha, Mr. Sameer Srivastava, Mr. Swaraj Maurya, Ms. Khushboo Maurya & Ms. Aroma, Advocates for the Victim. CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN AMIT MAHAJAN, J. (Oral) CRL.M.A. 27265/2025 (exemption from filing certified copy of annexures & official translations) 1. Exemption allowed, subject to all just exceptions. 2. The application is disposed of. BAIL APPLN. 3489/2025 & CRL.M.A. 27266/2025 (stay) Signature Not Verified3. The present application is filed seeking pre-arrest bail in Signed By:HARMINDER KAUR Signing Date:06.12.2025 BAIL APPLN. 3489/2025 Page 1 of 8 16:43:23 FIR No. 337/2025 dated 31.07.2025, registered at Police Station Ambedkar Nagar, for the offences under Section 64(1) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’). 4. Briefly stated, the FIR was registered on 31.07.2025 pursuant to a complaint given by the victim, who is stated to be sixteen years of age, alleging that on the intervening night of 26.07.2025 and 27.07.2025, she had gone to attend a party at a relative’s house with her maternal aunt. Allegedly, after everyone in the party had fallen asleep after drinking alcohol and eating food, around 5AM, the applicant (cousin of the victim’s aunt) forcibly established physical relations with the victim. It is alleged that the victim did not initially disclose about the incident out of fear, however