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2022 Supreme(Del) 1564

RAJNISH BHATNAGAR
Avinash – Appellant
Versus
State Of NCT Of Delhi – Respondent


Advocates appeared:
Tushar Datta, Advocate, Varun Gupta, Advocate, Neelam Sharma, Advocate

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 fa

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