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IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV NARULA
Aftab – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. bail application considerations (Para 1 , 2 , 3) |
| 2. assessment of charges and applicant's role (Para 4 , 5 , 6) |
| 3. principle of parity in bail decisions (Para 7 , 8) |
| 4. final ruling and conditions for bail (Para 9 , 11 , 12) |
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 27th 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 20th/21st 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. Subseq
The court emphasized that a delayed implication without corroboration might suggest an afterthought, impacting the grounds for bail.
The principle of parity in bail cannot be invoked based on incorrect factual submissions, especially in heinous crimes involving minors.
Bail granted under Section 483 of BNSS considering absence of strong evidence and nature of the relationship.
Bail denied in serious POCSO case against father for sexual assault on daughter due to prima facie premeditation and gravity.
The severity of accusations, legislative intent behind POCSO Act, and potential danger of influencing witnesses are crucial factors in bail decisions.
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