The court emphasized that a delayed implication without corroboration might suggest an afterthought, impacting the grounds for bail.

ORDER :

1. The present application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [“BNSS”] (formerly Section 439 of the Code of Criminal Procedure, 1973 [“Cr.P.C”]) seeks regular bail in the proceedings arising from FIR No. 290/2023 dated 27^th February 2023 registered under Sections 323 /367/377/34 of the Indian Penal Code, 1860 [“IPC”] and Section 6 of the Protection of Children from Sexual Offences Act, 2012 [“POCSO”] at P.S. Jahangir Puri.

2. Briefly stated, the case of the prosecution is as follows:

2.1. The present case was registered at P.S. Jahangir Puri, based on the statement of a 16-year-old victim, “D”. The victim stated that on the night of 20^th/21^st February, 2023, he was sitting in a park located in C-Block, Jahangir Puri, along with his friends Vansh and Piyush @ Mooli. During this period, one Aftab (the Applicant) approached them in an intoxicated state and attempted to forcibly snatch money from them. Subsequently, in order to defend himself, the victim picked up a wooden stick from the vicinity and hit the Applicant and then managed to free themselves and fled the scene.

2.2. Two days later, on 24^th February, 2023, while the victim was sitting in a park in D-Block, Jahangir Puri, with his friend Nikhil @ Mota, he was approached by the Applicant’s younger brother, Arshad @ Makhkhi, accompanied by his friends Sohail, Imran and Hasibul. Shortly thereafter, five boys, namely, Tohid, Altaf @ Golu @ Shahzad, Aryan, Bhola and Shahrukh @ Babu, arrived at that location. Upon seeing them, Nikhil fled the scene. Tohid then showed an object resembling a knife to the victim, while Arshad @ Makhkhi threatened the victim with what appeared to be a pistol. The group then forcibly took the victim to a jhuggi located in D- Block, Jahangir Puri. He claimed that in the jhuggi, all the accused persons hit him with a belt and slippers. Tohid then took off his pants and inserted his private parts inside the victim’s mouth and committed unnatural sexual assault on him, while the co-accused persons watched the same. Arshad @ Makhkhi and Sharukh @ Babu recorded videos of the incident on their mobile phones. Thereafter, all of them left the scene, leaving the victim alone on the roof of the jhuggi. While the victim managed to escape from there, he did not disclose the incident to anyone at that time, out of fear and emotional distress.

2.3. On 27^th February, 2023, the victim disclosed the entire sequence of events to his parents, who subsequently brought him to the police station. Based on the victim’s statement, the instant FIR was registered under Sections 323 /367/377/34 of IPC, along with Section 6 of the POCSO Act, at P.S. Jahangir Puri, Delhi and investigation commenced.

2.4. During the course of investigation, the victim was medically examined at BJRM Hospital, Jahangir Puri. However, he declined to undergo perianal and genital examination. Subsequently, his statement under Section 164 of Cr.P.C. was recorded before the Metropolitan Magistrate at Rohini Courts, wherein he reiterated his previous statement but this time, he said Arshad @ Makhkhi and Samad made his video. He also named that on the day of the incident, the people present were Tohid, Arshad @ Makhi, Imran, Hasibul, Aryan, Sohail, Sharukh @ Babu, Samad, Bhola and the Applicant.

2.5. On 1^st March, 2023, Sharukh @ Babu, the Applicant was arrested and on 2^nd March, 2023 they were produced before the Court who sent the Applicant for 14 days of judicial custody and 1 day police custody was obtained for the accused Shahrukh @ Babu. On 3^rd March, 2023, accused Altaf @ Golu was apprehended.

2.6. The remaining co-accused, namely, Tohid, Arshad @ Makhkhi, Sohail, Hasibul, Imran, Aryan, and Bhola, were found to be juveniles.