BABITA KUMARI vs STATE (GOVT. OF NCT OF DELHI)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 4th July, 2025 Pronounced on: 10th July, 2025 + BAIL APPLN. 1986/2025, CRL.M.(BAIL) 1157/2025 BABITA KUMARI W/o Raj Kumar Mukhiya, R/oVillage-Alinagar,Darbhanga,Bihar-847405. Present address at-R/o-452, Chirag Delhi, New DeIhi-11001 .....Petitioner Through: Mr. Bharat Chugh, Ms. Rajul Jain and Mr. Manish Chaudhry, Advocates. versus STATE (GOVT. OF NCT OF DELHI) Through S.H.O., P.S.- Malviya Nagar New Delhi-17 .....Respondent Through: Mr. Shoaib Haider, APP for the State with SI Pinki Rana, PS: Malviya Nagar. Mr. Rahul Kumar Singh and Mr. Gyanendra Kumar, Advocates for Accused. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘B.N.S.S.’) has been filed Signature Not Verified Signed By:ANIL BAIL APPLN. 1986/2025 P age 1 of 9 KUMAR BHATT Signing Date:14.07.2025 12:46:48 for grant of regular bail to the applicant Babita Kumari in FIR No.341/2024 under Sections 376, 328, 506, 34 IPC 1860 & 6 of POCSO Act, 2012 and under Section 376, 328,380, 506, 109, 34 of the IPC 1860 and Section 17 of the POCSO Act, 2012, dated 09.07.2024 P.S. Malviya Nagar. 2. It is submitted that the Applicant Babita Kumari is 21 years old young woman who worked as domestic help in different houses to earn her livelihood, before her arrest. She has no criminal antecedents. She is currently in judicial custody since 26.12.2024. She was residing on rent in the house of the victim at the time of the alleged offence and continued to live there for three months after the registration of FIR. However, one month before the arrest, she had shifted to a different rented accommodation in the vicinity