ALOK vs THE STATE GOVT. OF NCT OF DELHI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 14.02.2025 + BAIL APPLN. 146/2025 ALOK .....Petitioner Through: Mr. Jatan Singh, Sr. Advocate with Mr. Amit Kumar, Ms. Vanshika Adhana, Ms. Sakshi Sachdeva, Mr. Gajraj Singh, Mr. Tushar Lamba and Mr. Siddharth Singh, Advocates versus THE STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Rajkumar, APP for the State. Ms. Tanya Agarwal, Advocate for prosecutrix. CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA JUDGMENT SWARANA KANTA SHARMA, J 1. By way of the present bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [hereafter ‘BNSS’], the applicant/accused seeks anticipatory bail in case arising out of FIR No. 756/2024, dated 21.10.2024, registered at Police Station Shahbad Dairy, Delhi for offences punishable under Sections Signature Not Verified BAIL APPLN. 146/2025 Page 1 of 9 Digitally Signed By:AANCHAL TAGGAR Signing Date:15.02.2025 15:44:52 64/351(2) of the Bharatiya Nyaya Sanhita, 2023 [hereafter ‘BNS’], read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 [hereafter ‘POCSO Act’]. 2. The present case was registered pursuant to filing of a complaint by the prosecutrix, alleging therein that in the month of October, 2023, when she and her parents had shifted to a rented accommodation in the neighbourhood of the accused, the accused had approached her, expressing his love for her. Thereafter, after one or two days, the prosecutrix had visited the shop of the accused, where he had allegedly dragged her inside the shop and had committed rape upon her. He had threatened her that he would kill her father if she will not visit his shop every Sunday. Out of fear and under duress, the prosecutrix had begun visiting the shop of the acc