RAJESH PUNDHIR @ UMESH PUNDHIR vs STATE (NCT OF DELHI)

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 13.11.2025 Date of Decision: 22.11.2025 + BAIL APPLN. 582/2025 & CRL.M.A. 4162/2025 & CRL.M.A. 4163/2025 RAJESH PUNDHIR @ UMESH PUNDHIR .....Petitioner Through: Mr. Bharat Bagga and Mr. Saurav Rana, Advs. versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Satish Kumar, APP for State with Ms. Upasna Bakshi, Adv. with SI Pinki and SI Rachna CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT % 1. Through the present petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 20231 (formerly Section 439 of the Code of Criminal Procedure, 19732), the petitioner seeks regular bail in proceedings arising from FIR No. 408/2023 registered under Sections 354A of the Indian Penal code, 18603 and Section 8 of Protection of Children from Sexual Offences Act, 20124 at P.S. Civil Lines. 1 Hereinafter “BNSS” 2 Hereinafter “CrPC” 3 Hereinafter “IPC” 4 Hereinafter “POCSO Act” Signature Not Verified Signed By:GAURAVBAIL APPLN. 582/2025 Page 1 of 9 SHARMA Signing Date:24.11.2025 18:41:36 2. The prosecution’s case, as emerging from the FIR, may pithily be put thus: the victim/complainant, a first-year student at a college in Delhi, was en route to her college on 15.09.2023. Having travelled by bus from GTB Nagar to ISBT, she proceeded towards Gate No. 6 of the Kashmere Gate Metro Station when a man allegedly approached her, pulled her aside from the road, and offered to drop her to the college in his auto without charge. It is alleged that, during the journey, on a secluded stretch, the auto driver slowed down the vehicle and, while turning towards her, touched her inappropriately on her left thigh, chest, and abdomen. The victim, frightened by the incident, managed to get down from the auto near the college. She