Suleman Samad VS State of N. C. T. of Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SWARANA KANTA SHARMA
Suleman Samad – Appellant
Versus
State of N. C. T. of Delhi – Respondent

Counsel for the Parties:
For the Petitioner:Mr. Shikhar Khare, Mr. Shahzeb Ahmed, Mr. Shashi Kumar, Mr. Adeel Ahmad Khan, Mr. Wasil Khan and Mr. Utkarsh, Advocates
For the Respondent: Mr. Raj Kumar, APP for the State along with ASI Ompal

JUDGMENT

Swarana Kanta Sharma, J.—The present bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [hereafter ‘BNSS’] has been filed on behalf of the applicant, seeking grant of regular bail in case arising out of FIR No. 0103/2023, registered at Police Station Vasant Vihar, Delhi for offences punishable under Sections 354/354A of the Indian Penal Code, 1860 [hereafter ‘IPC’] and Section 8 of the Prevention of Children from Sexual Offences Act, 2012 [hereafter ‘POCSO Act’].

2. Briefly stated, the facts of the case as per prosecution are that on 26.03.2023, the accused/applicant herein had visited the house of the victim when her parents were away for work, at 06:00 pm, and on finding the victim alone in the house, he had put his hand inside her T-shirt and had inappropriately pressed her chest. It is also alleged that thereafter, the accused had inserted his hand inside the pants of the victim, touched her genitals and made certain inappropriate comments. The victim had revealed the incident to her neighbour, who had made a call to the mother of the victim and asked her to rush back home. On the basis of a complaint lodged by the mother of the victim,