Point of Law: Offence of voluntarily causing hurt - Grant of Bail - Petitioner is in custody for last 18 months. In view of present pandemic it is unlikely that trial will commence in near future. Keeping all these facts in mind, Court is inclined to grant bail to petitioner.

JUDGMENT :

Subramonium Prasad, J.

1. This petition under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in FIR No. 206/2019 dated 03.10.2019 registered at Police Station Pul Prahladpur for offences punishable under Sections 323/354-B/452/506/509/34 IPC and Section 12 of the POCSO Act.

2. The facts, in brief, leading to this bail application are as follows:

(a) On 14.08.2019, information regarding a quarrel was received at Police station, Pul Prahladpur which was entered vide DD No.44 & 46A. On receiving the information ASI Rajbir Singh reached the spot and found that the injured had gone to the Hospital. On 15.08.2019, information was received from AIIMS Trauma Centre that one Shabir Ansari and his wife Ishrat Ansari, both residents of C-33/E, Chungi No.3, Lal Kuan Delhi, had come to AIIMS Hospital for treatment. The said information was received vide DD No.9A. On receiving the information ASI Sher Singh reached AIIMS Trauma Centre and collected the MLCs of the victims, being MLC No. 500188387 of Sabir Ansari and MLC No. 500188388 of Ishrat Ansari.

(b) After about one-and-a-half months of the incident, on 03.10.2019, the statement of the victims, Ishrat Ansair and Sabir Ansari, were recorded. In her statement Ishrat Ansari alleged that on 14.08.2019, the petitioner along with one Aryan, Sonu & Sonu Tomar came to her house and they were carrying dandas & iron rods. It is stated that the accused persons entered into her house and said that her husband was destroying their livelihood by supplying water to the colony which had affected their business. It is stated that the petitioner, who was carrying a danda, started beating her husband. It is stated that other accused persons also started beating the husband of the complainant with kicks and punches. It is stated that when the complainant tried to save her husband, the petitioner held her hand and pulled her. It is stated that the petitioner tore her clothes and pressed her breast in order to outrage her modesty. It is stated that when the complainant objected to it, the petitioner and other accused persons started beating her. It is stated that when the complainant and her husband shouted for help all the accused ran away. It is stated that while the accused were going they threatened the complainants with dire consequences and they also threatened them stating that if they inform Police about the incident they would kidnap their children from school. On the basis of the statements, FIR No. 206/2019 for offences punishable under Sections 323/354-B/452/506/509/34 IPC was registered on 03.10.2019.

(c) Material on record discloses that on the next day of registering the FIR, i.e. on 04.10.2019, the statement of the daughter of the complainants was recorded wherein it was stated that the accused had threatened the child that they would rape her and only then her parents would understand. On the basis of the said statement offence under Section 12 of the POCSO Act was added.

(d) The petitioner was arrested on 16.01.2020 and he has been in judicial custody since then.

(e) The petitioner filed applications for bail before learned Additional Sessions Judge, POCSO, South East Saket Courts on 18.07.2020, 03.02.2021 and 04.06.2021 which have been dismissed.

(f) The petitioner has thereafter approached this Court by filing the instant bail application.

3. Heard Mr. Salim Malik, learned counsel for the petitioner and Mr. Amit Chadha, learned APP for the State and perused the material on record.

4. The learned counsel for the petitioner contends that the FIR was registered after one-and-a-half months of the incident. He contends that the FIR was initially registered under Sections 323/354-B/452/506/509/34 IPC and in the said FIR there is not a single averment that the petitioner and other assailants threatened the child. He states that the offence under Section 12 of the POCSO Act was added after the statement of the child was recorded on 04.10.2019. He states that the fact that the