PHULMAI TAMANG @ NEHA vs STATE OF NCT OF DELHI

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 26.05.2025 + BAIL APPLN. 1395/2025 & CRL.M.A. 10870/2025 PHULMAI TAMANG @ NEHA .....Petitioner Through: Mr. Deepak Kumar Singh, Advocate versus STATE OF NCT OF DELHI .....Respondent Through: Ms. Manjeet Arya, APP for State with Inspector Sunil Dhaka and Inspector Kapil Khokar and SI Virender, PS Kamla Market CORAM: JUSTICE GIRISH KATHPALIA JUDGMENT (ORAL) 1. The accused/applicant seeks bail in case FIR No. 186/17 of PS Kamla Market for offence under Section 366A/368/342/370/370A/ 373/376/109/120B/34 IPC, Section 3/5/7 ITP Act, Section 17 of POCSO Act and Section 23 JJ Act. Broadly speaking, the allegation against the accused/applicant is that the complainant de facto, a resident of Nepal, who succeeded in escaping the illegal custody of a kotha on G.B. Road got an FIR lodged according to which, she was induced by one Raj Kumar, a resident of Nepal to accompany him to Delhi for working as a domestic help but in Delhi he sold her to one Sita, who in turn sold her to the accused/applicant running a kotha. The accused/applicant forcibly confined her to the kotha and in order to compel her into prostitution, beat her up and BAIL APPLN. 1395/2025 Page 1 of 4 pages GIRISH Digitally signed by GIRISH KATHPALIA Signature Not Verified KATHPALIA Date: 2025.05.26 19:29:13 +05'30' Digitally Signed By:NEETU N NAIR Signing Date:26.05.2025 19:39:50 even injected drugs after which she was forced to indulge into sexual relations with 20 men despite her objections. Further investigation culminated into tracing out one more victim of such forced prostitution. 2. At the outset, learned prosecutor points out that the earlier bail application of the accused/applicant was dismissed till Hon’ble Supreme Court and therefore, this i