The seriousness of allegations, age of the victim, victim's statements, and medical evidence are crucial factors in deciding bail applications in cases of sexual assault on minors.

JUDGMENT

Rajnish Bhatnagar, J. - This is a petition filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No. 326/2017 under Section 376 IPC and Section 6 of the POCSO act registered at Police Station Govindpuri.

2. In brief the facts of the case are that on 18.08.2017, a PCR call vide DD No, 11a, regarding a neighborhood man sexually assaulting caller's 2.5 yrs old daughter was received at P.S. Govind Puri. The call was marked to SI Radhe Shyam, he alongwith Ct. Chuttan No. 3201/SE reached at the place of incidence i.e, C-34, Bhumiheen Camp, Govindpuri and met the complainant Dinesh Dev Nath Rai (Father of victim) and inquired about the matter. The complainant also produced the accused avinash (Petitioner herein). SI Radhe Shyam returned to P.S. along with the complainant Dinesh Dev Nath Rai, accused avinash and Prosecutrix V. The call was then marked to SI Pooja who sent prosecutrix V alongwith W/Ct Sevarathi No. 1155/SE to aIIMS hospital for medical examination. The medical of prosecutrix V was conducted vide MLC No. 7273/17 in which Dr had stated 'alleged history of sexual assault by a neighbor friend of her father at 3:30 aM (18.08.17) history given by father complaining that the girl was taken by his friend upstairs, who was sleeping with him and removed her clothes and attempted fingering and physical violence. There is 3*2 CM hemtrauma over occipital region and C/o bleeding from Vagina'. after medical, prosecutrix alongwith W/Ct Sevarathi No. 1155/SE came to PS.

3. During course of investigation the statement of complainant Dinesh Dev Nath Rai was recorded in which he alleged that his friend avinash physically assaulted his daughter who is only 2.5 yrs old in night when they were sleeping at his residence. Thereafter, a case u/s 376 IPC and 6 POCSO act was registered at PS Govindpuri on the statement of complainant. The site plan was prepared by the IO and statement of victim and her father was recorded u/s 161 CrPC. The petitioner/accused avinash S/o abhi Ram Mistary R/O Gaon Mural Tikonia, Bangali Colony Gwalior, MP was arrested on 18.08.2017 and medical examination at aIIMS got conducted vide MLC No. 500042194/17.

4. I have heard the learned counsel for the petitioner, learned aPP for the State and perused the status report filed by the state.

5. It is submitted by the learned counsel for the petitioner that petitioner is in judicial custody since 18.08.2017 and has undergone more than 4 years. It is further submitted that the petitioner has been falsely implicated in this case as the complainant has stated in his cross examination that the petitioner/accused knew that his wife had left him and she was having an affair with someone else and petitioner had made fun of complainant on the same pretext and thus, complainant got angry and slapped the petitioner. It is further submitted that the complainant has stated in his cross examination that petitioner has not done anything wrong with PW-2 (daughter of the complainant). It is further submitted that the MLC no.7273/2017 of the victim clearly mentioned that no active bleeding was found and even at the time of Examination-in-Chief conducted on 04.10.2018 before the court of Sh. Prem Kumar Barthwal, Ld. aSJ-01-SE, Special Court (POSCO), Saket Court, New Delhi of Dr. anshu Yadav, Senior Resident, aIIMS Hospital, New Delhi as PW-1, it is clearly. stated by the doctor that there is not any active bleeding in the private part of the victim. It is further submitted that the main witnesses have been examined as well as cross-examined and thus, no purpose will be served by keeping the petitioner in judicial custody.

6. On the other hand, learned aPP vehemently opposed the bail application and has argued on the lines of the status report. It is submitted that the allegations are grave and serious in nature and the statement of victim under Section 164 Cr.P.C. was recorded wherein she has supported her case. It is further submitted that three PWs including the