JUDGMENT

1. The present petition has been filed under Section 482 of the Code of the Criminal Procedure, 1973 for setting aside order dated 04.02.2023 passed by learned Trial Court in SC no. 331/2021 in FIR no 551/2021 dated 02.10.2021 registered under Section(s) 342/354/354-B/363 of the Indian Penal Code, 1860 and Section 10 Protection of Children from Sexual Offences, 2012 at P.S. Welcome, Delhi.

2. As per the FIR, in the early hours of 02.10.2021 the complainant (father of the child involved), upon waking, did not find his daughter (child involved) aged about 3 years sleeping next to him at the first floor of house. After looking frantically for her the complainant found child involved at the second floor of his house, where the accused was residing as a tenant, who was indulging in a grievous act of sexual misconduct with the child involved. The accused was then taken into custody on 02.10.2021.

3. Thereafter, the accused applied for the grant of bail before the learned Trial Court in SC no. 331/2021 before ASJ-06 (POCSO), Shahdara District, Karkardooma, New Delhi, wherein the following order dated 04.02.2023 was passed:

"1. The material witnesses have been examined.

2. The ap