IN THE HIGH COURT OF DELHI AT NEW DELHI
AJAY DIGPAUL
Ravinder Soni – Appellant
Versus
State (Nct Of Delhi) – Respondent
| Table of Content |
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| 1. the petitioner filed for bail under serious sexual offence allegations. (Para 1) |
JUDGMENT :
AJAY DIGPAUL, J.
1. The present petition has been filed by the petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023[Hereinafter “BNSS ”] seeking regular bail in connection with FIR No. 154/2025, registered under Sections 74 and 75 of the Bharatiya Nyaya Sanhita , 2023, [Hereinafter “BNSS ”], and Section 4 of the Protection of Children from Sexual Offences Act , 2012 [Hereinafter “ POCSO ”] at Police Station Nabi Karim.
2. The case of the prosecution, as borne out from the FIR, is that on 06.02.2025, the aforementioned FIR was registered on the basis of the statement of the prosecutrix/victim. In her statement, she alleged that on 02.02.2025, she had gone to the market along with her sister, where at a shop, the petitioner allegedly inserted his finger in her anal region, touched her inappropriately from behind, and made obscene gestures. Subsequently, on 06.02.2025, the victim, along with her mother, located and identified the petitioner, whereupon she narrated the incident to her mother. The mother of the victim/prosecutrix is stated to have slapped
The court emphasized the need for careful consideration of bail applications in sexual offences involving minors, balancing the accused's rights with the victim's protection.
The court granted bail to the petitioner, emphasizing the lack of corroborative evidence and the absence of prior criminal records, despite the serious allegations under POCSO.
The seriousness of the allegations, cooperation in the investigation, and verification of the victim's age are crucial factors in considering anticipatory bail applications.
The court considered the period of incarceration, completion of witness examination, and the lack of fruitful purpose in keeping the petitioner detained in prison as key factors in allowing the bail ....
Bail Application - Offence of sexual assault - Mere non-filing of charge sheet cannot be a ground for rejection of the bail, especially when no evidence has been brought on record to keep accused beh....
The main legal point established in the judgment is the gravity of allegations related to sexual exploitation, blackmail, abuse, and financial exploitation, and the court's consideration of the legal....
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