SHIV KUMAR vs STATE (NCT) OF DELHI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 17.01.2025 + BAIL APPLN. 3428/2024 SHIV KUMAR .....Petitioner Through: Mr. Kunal Malhotra, Mr. Ravinder Gaur and Mr. Manish Ikkaria, Advocates versus STATE (NCT) OF DELHI .....Respondent Through: Mr. Naresh Kumar Chahar, APP for the State with SI Suresh Kumar Meena, P.S. New Usman Pur. Ms. Reeya Singh, Advocate for the victim. CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA JUDGMENT SWARANA KANTA SHARMA, J. 1. The instant application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereafter ‘BNSS’), has been filed on behalf of the applicant, seeking regular bail in case arising out of FIR bearing no. 41/2021, dated 24.01.2021, registered at Police Station New Usman Pur, Delhi for offence under Section 363 of Indian Penal Code, 1860 (hereafter ‘IPC’). Signature Not Verified Digitally Signed BAIL APPLN. 3428/2024 Page 1 of 8 By:AANCHAL TAGGAR Signing Date:24.01.2025 19:35:56 2. Brief facts of the present case are that on the receipt of DD No. 5A dated 24.01.2021, it was reported that two victims, a boy named ‘S,’ aged 8 years, and a girl named ‘P,’ aged 5 years, were playing outside their home. When the children did not return for a considerable period, their father, who is the complainant, had lodged a missing report, and the present FIR was registered under Section 363 of IPC. On the following day, at about 9:00 AM, the complainant had brought both the children to the police station and handed them over to the Investigating Officer (IO). The victim ‘S’ complained of stomach pain and was provided medication at Parwesh Chand Hospital, Delhi. Thereafter, both victims underwent counselling, and their medical examinations were conducted. During counselling, the victims disclosed that an