I vs STATE OF NCT OF DELHI AND ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 26th September, 2025 Pronounced on: 29th October, 2025 + CRL.M.C. 1780/2025 I Through Mother .....Petitioner Through: Ms. Mudita Sharda, Ms. Gayatri Nandwani, Mr. Adrian Abbi and Mr. Mohit, Advocates versus 1. STATE OF NCT OF DELHI Through SHO Welcome 2. GULFAM MALIK S/o Jabardin R/o C-8/15, Gali No.08, Kabir Nagar, North East, Delhi. .....Respondents Through: Mr. Shoaib Haider, APP with SI Kriti Singh and PSI Payel Kumari. Mr. Ankit Tandan, Adv. for R-2 CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Petition under Section 528 read with Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed to challenge the Order dated 05.12.2024 whereby Bail has been granted to the Respondent No. 2 in FIR No. 0561/2024 dated 09.10.2024 under Section 64(2) BNS and Section 6 POCSO at P.S. Welcome. CRL.M.C. 1780/2025 Page 1 of 7 Signature Not Verified Signed By:VIKAS ARORA Signing Date:29.10.2025 18:56:37 2. The brief facts are that the Petitioner is the daughter of Respondent No. 2, who had made the allegations that her father was in a habit of sexually assaulting her since she was 10 years old. At the time of making the Complaint, she was around 17 years of age. According to her, the regular exploitation of Petitioner, has been continuing for at least past 07 years, by Respondent No. 2, her own father. 3. As per the Petitioner, the Respondent No. 2 used to regularly kiss her on the lips and put his hands inside her clothes; used to touch her breasts and insert her fingers in the private parts. He used to threaten that if she ever disclosed this fact to anyone, then he would throw the Petitioner’s mother out of the house. The Petitioner stated that she was assaulte