MR. SANTOSH KUMAR vs STATE GOVT OF NCT OF DELHI THROUGH SHO

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Pronounced on: 10th February, 2025 + BAIL APPLN. 4691/2024 MR. SANTOSH KUMAR .....Petitioner Through: Mr. Nityanand Singh, Ms. Joohi & Ms. Yashika Modi, Advocates Versus STATE GOVT OF NCT OF DELHI THROUGH SHO .....Respondent Through: Ms. Meenakshi Dahiya, Additional Public Prosecutor for Respondent- State with ACP Rakesh Kumar, SHO Manoj, SHO Rakesh Kumar and W/SI Jyoti, NIA Ms. Tara Narula, Advocate on the panel of Delhi High Court Legal Services Authority for Complainant. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. The present Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 (‘BNSS’ hereinafter) has been filed for grant of Regular bail in FIR No. 833/2024, under Sections 70(1)/351(2)/126(2)/74/78/87 & 3(5) of The Scheduled Caste and Scheduled Signature Not Verified DigitallySigned By:VIKAS ARORA BAIL APPLN. 4691/2024 Page 1 of 8 Signing Date:11.02.2025 23:37:48 Tribes (Prevention of Atrocities) Act, 1989 (‘SC/ST Act’ hereinafter), registered at Police Station Narela Indsutrial Area, Delhi. 2. The Petitioner has averred that he has been falsely implicated in the present FIR case and has no connection with the incident, as alleged by the Complainant. 3. It is stated that the Complainant in her Complaint has alleged that on 26.08.2024 at around 05:30 PM, on the day of Janamashtmi, the Petitioner and other co-accused came in a vehicle and dragged her inside the vehicle. The Driver stopped the vehicle under the flyover and went outside the vehicle. Then the co-accused held the hand of the Complainant and forcibly made physical relations with her. 4. It is submitted that the allegations are totally false, frivolous and baseless, as the Complainant changed