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2022 Supreme(Online)(DEL) 2064

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 12th April, 2022 + BAIL APPLN. 163/2022 SURYA PRAKASH PAL ..... Petitioner Through: Mr. Nalin Tripathi with Mr. Divyanshu Priyam and Mr. Nishank Tripathi, Advocates.

versus STATE OF NCT OF DELHI ..... Respondents Through: Mr. Amit Chadha, APP for the State, with SI Jagbir Singh, PS Mundka CORAM:

HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL)

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The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].

1. By way of this application under Section 439 of the Code of Criminal Procedure, 1973 [“CrPC”], the applicant seeks regular bail in connection with FIR No. 126/2021, dated 25.02.2021, registered at Police Station Mundka, under Sections 377/34 of the Indian Penal Code, 1860 [“IPC”] and Section 6 of the Protection of Children from Sexual Offences Act, 2012 [“POCSO Act”].

Facts

2. The FIR was registered on the complaint of a 13 year old boy [hereinafter referred to as “X”]. The allegations in the FIR are as follows:

A. On the evening of 24.02.2021, X was approached by the co-accused child in conflict with law [“CCL”] [hereinafter referred to as “R”], who has a stall selling e

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