AKASH vs STATE GOVT. OF NCT DELHI

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 21.02.2025 + BAIL APPLN. 4360/2024 & CRL.M.A. 5776/2025 AKASH .....Petitioner Through: Mr. Rajiv Takbi, Mr. Prerit Shukla and Mr. Harsh Vardhan, Advocates versus STATE GOVT. OF NCT DELHI .....Respondent Through: Ms. Richa Dhawan, APP for State along with SI Muskan, PS: Jahangir Puri % CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA ORDER MANMEET PRITAM SINGH ARORA, J (ORAL): 1. The present application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) seeking grant of Regular Bail to the accused/Applicant in the FIR No. 205/2019 dated 12.04.2019 registered at P.S. Jahangir Puri under sections 363/376/506 of the Indian Penal Code, 1860 (IPC) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO). 2. The brief facts leading to the registration of the FIR set out in the charge-sheet are as follows: A woman Sub-Inspector (SI) from P.S. Bhalswa Dairy arrived at P.S. Jahangir Puri on 12.04.2019 and submitted a Tehrir (written complaint) along with the victim’s statement, MLC No. 170467/19 from BJRM Hospital, and MLC No. 1464/19 from BSA Hospital. She informed that a missing girl aged 07 years, found as per DD No. 53B, had Signature Not Verified Signed By:RASHMI DABAS BAIL APPLN. 4360/2024 Page 1 of 9 Signing Date:26.02.2025 18:55:10 been abducted from her home and sexually assaulted in an area under the jurisdiction of P.S. Jahangir Puri. 3. It is stated that in the victim's statement, recorded under Section 161 of the Code of Criminal Procedure, 1973 (CrPC), she reported that on 11.04.2019, on the day of the incident, she was playing outside her house when an unknown boy approached her around 4:30 PM. The boy informed the victim that her mo