SUBENDU vs STATE OF NCT OF DELHI THROUGH SHO, PS SAFDARJUNG ENCLAVE & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 10th July, 2025 Pronounced on: 15th July, 2025 + BAIL APPLN. 1433/2025 SUBENDU Through Parokar/Father Mohinder Singh S/o Sh. Shiv Singh, R/o E-89/A, GRO, Kh. No. 56/2, Near Dev Property, Saudamani Public School, Jai Vihar, Bapraula, Delhi-110043 .....Petitioner Through: Mr. Rajesh Ranjan (through VC), Mr. Vikash Nain and Mr. Abhishek, Advocates. versus 1. STATE OF NCT OF DELHI THROUGH SHO, PS SAFDARJUNG ENCLAVE ....Respondent No.1 2. X Complainant) ....Respondent No.2 Through: Mr. Shoaib Haider, APP for the State Mr. Prashant Vashist, Adv. for the Complainant along with the Complainant. SI Surendra Das PS Safdarjung Enclave. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. Signature Not Verified DigitallySigned By:VIKAS ARORA BAIL APPLN. 1433/2025 Page 1 of 11 Signing Date:15.07.2025 23:02:02 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 on behalf of the Applicant, Subendu, for grant of Regular Bail in FIR No. 71/2024 dated 26.03.2024 under Section 376/506 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC‟) and Section 6 of POCSO Act, registered at Police Station Safdarjung Enclave. 2. The Applicant, Subendu aged about 25 years, is in judicial custody since 26.03.2024. He has filed five Bail Applications but all have been dismissed. 3. It is submitted that there were 16 Prosecution witnesses out of which three were the main witnesses and rest are all formal. These three main witnesses, namely, Prosecutrix, her father and an independent witness, Naveen Yadav, have already been examined and discharged. 4. The Statement of the Prosecutrix about she being taken to D