MINTU PASWAN vs THE STATE GOVT. OF NCT OF DELHI

Judgment text excerpt

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 14.07.2025 + BAIL APPLN. 960/2025 MINTU PASWAN .....Petitioner Through: Mr. Himanshu Makkar, Adv. versus THE STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Raghuinder Verma, APP for State with SI Neelam, PS Swaroop Nagar, Delhi. CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J (ORAL) 1. By way of the present petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks grant of regular bail in FIR No. 383/2023 dated 03.06.2023 for offence under Sections 328, 377 of the Indian Penal Code, 1860 (IPC) and Section 4 of the Protection of Children from Sexual Offence Act, 2012 (POCSO) at Police Station Swaroop Nagar, Delhi. 2. It is the case of the prosecution that an information was received vide DD No. 51A on 03.06.2023 regarding sexual assault on a male child. The victim, 'A', aged 17 years, was medically examined at BJRM Hospital vide MLC No. 228416 dated 03.06.2023, wherein Signature Not Verified Digitally Signed By:RASHIM KAPOOR BAIL APPLN. 960/2025 Signing Date:15.07.2025 Page 1 of 6 20:22:29 the doctor noted: "A/H/O Sexual Assault (Unnatural) as told by B/B & patient himself.” 3. The statement of the victim 'A' was recorded, wherein he alleged that Mintu (the petitioner herein) took him to the house of his sister, where he was given lassi. Upon consuming the said lassi, he became unconscious. On regaining consciousness, he found that his mouth had been tied with a cloth, he was without any clothes on his body and sensed severe pain. 4. Based on the contents of the said statement and the medical report, the present FIR came to be registered, and investigation was taken up by the then Investigating Officer. 5. The statement of the victim ‘A ’under Sec