SUBHAN ALI vs THE STATE NCT OF DELH I AND ANR

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 15.01.2025 + BAIL APPLN. 4422/2024 SUBHAN ALI .....Petitioner Through: Mr. Rizwan Durrani, Mr. Malik Abdurrahman, Mr. Himanshu Gupta, Mr. Shivam & Mr. Ali Muzaffar, Advocates. versus THE STATE NCT OF DELH I AND ANR .....Respondents Through: Mr. Raj Kumar, APP for the State. CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA JUDGMENT SWARANA KANTA SHARMA, J (ORAL) 1. The present bail application has been under Section 483 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereafter ‘BNSS’) on behalf of the applicant, seeking grant of regular bail in case arising out of FIR No. 232/2024, dated 23.07.2024, registered at Police Station Sonia Vihar, Delhi, for offences punishable under Sections 75/76 of the Bharatiya Nyaya Sanhita, 2023 (hereafter ‘BNS’) and Sections 10/12 of the Prevention of Children from Sexual Offences Act, 2012 (hereafter ‘POCSO Act’). Signature Not Verified BAIL APPLN. 4422/2024 Page 1 of 7 Digitally Signed By:AANCHAL TAGGAR Signing Date:24.01.2025 11:28:12 2. Briefly stated, the present FIR was registered on the complaint of victim ‘S’ in which she had stated that on 15.07.2024, her friend Sakina, who is the daughter of the accused, had taken her to her house, and at her house, the accused/applicant had called her at the terrace for helping him. When she had reached at the terrace, the accused had asked her to remove her clothes and when she had refused to do so, the accused had removed her pajami and also touched on her chest. Thereafter, she had pushed him and run back towards her home, but she did not inform anyone about the incident. It is also stated in the complaint that she had disclosed the said incident to her teacher in her school, and thereafter, the mother