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2022 Supreme(Del) 384

PRATEEK JALAN
Mohit Kumar – Appellant
Versus
State NCT of Delhi – Respondent


Advocate Appeared:
For the Petitioner:Mr. Kanhaiya Singhal, Mr. Rishabh Jain, Mr. Chetan Bharadwaj, Mr. Priyal Garg, Ms. Anisha Singhal, Advocates.
For the Respondent: Ms. Meenakshi Dahiya, APP for the State with SI Ankesh Meena, PS- Hauz Qazi. Mr. Amit Kumar with Ms. Shilpi Verma & Mr. Deepak Sharma & in person.

JUDGMENT :

Prateek Jalan, J.

1. By way of this application under Section 439 of the Code of Criminal Procedure, 1973 [“CrPC”], the applicant [hereinafter referred to as “P”] seeks regular bail in connection with FIR No. 254/2021, dated 15.09.2021, registered at Police Station Hauz Qazi, under Section 354A of the Indian Penal Code, 1860 [“IPC”] and Section 10 of the Protection of Children from Sexual Offences Act, 2012 [“POCSO Act”].

Facts

2. FIR No. 254/2021 was registered at Police Station Hauz Qazi on 15.09.2021 on the complaint of the applicant’s wife [hereinafter referred to as “G”]. The FIR originally mentioned offences under Section 354A of the IPC and Section 10 of the POCSO Act. P was arrested on 16.09.2021. Following G’s statements under Sections 161 and 164 of the CrPC, Section 376 of the IPC and Section 6 of the POCSO Act were added. After investigation, the charge sheet was filed, and charges under Sections 354A, 376 and 506 of the IPC and Sections 6 and 10 of the POCSO Act have been framed against P on 24.11.2021.

3. The allegations in the FIR are as follows:

    a. G was married to P on 14.12.2016. They had a daughter [hereinafter referred to as “M”] on 11.11.2017.

b. Although t

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