BAIL APPL. 3316/2023 Page 1 of 5

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 31.01.2024

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BAIL APPLN. 3316/2023 & CRL.M.As. 26727/2023,

26728/2023

PATIRAM

..... Applicant

Through:

Mr.Asheesh

Raizada,

Mr.Tejendra

Rajawat

and

Mr.Nand Kishore, Advs.

versus

STATE OF NCT AND ANR.

..... Respondents

Through:

Ms.Priyanka Dalal, APP with

SI Vivek Tomar

Ms.Tara

Narula,

Mr.Harshvardhan

Jain

and

Ms.Priya Sahil, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

NAVIN CHAWLA, J. (ORAL)

1.

This application has been filed by the applicant under Section

439 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’)

seeking release on Bail in FIR no.101/2017 registered at Police

Station: Govindpuri, South-East District, Delhi under Sections

366A/376 of the Indian Penal Code (in short, ‘IPC’) and Section

6 of the Protection of Children from Sexual Offences Act, 2012

(in short, ‘POCSO Act’).

Digitally Signed

By:SUNIL

Signing Date:06.02.2024

11:08:51

Signature Not Verified

BAIL APPL. 3316/2023 Page 2 of 5

2.

It is the case of the prosecution that on 13.03.2017, ‘B’ along

with the daughter ‘T’, aged 6 years, came to the police station

and stated that there is continuous bleeding from her daughter’s

private part and she had been missing since evening around 06.30

P.M. It is stated that ‘T’ along with her mother was sent to

AIIMS Hospital, where she was medically examined vide MLC

no.2189/2017, and Doctors confirmed sexual assault being

committed on her. Thereafter, ‘T’, in her statement, stated that an

Uncle namely Mantra had taken her to his vehicle, removed her

clothes and inserted his finger into her private part due to which

she started bleeding. Based on her statement, the present FIR

was registered.

3.

On 17.03.2017, CCTV footages near Navjeevan Camp and Fish

Market, Govindpuri were checked. CCTV footage of Camera

no.8 at Shop of Pannalal was checked and it was found that the

accused Mantra @ Mantram @ Sonu was coming along with the

prosecutrix on 13.03.2017 from 21:39:13 to 21:39:18. CCTV

footage of Camera no.3 at Church, Ravi Das Marg, Govindpuri

Extension was checked in which the accused can be seen alone

after dropping the prosecutrix from 21:21:15 to 21:21:55. The

victim was discharged from AIIMS on 28.03.2017. Her

statement under Section 164 of the Cr.P.C. was recorded by the

learned Link Metropolitan Magistrate, South-East District, Saket

Courts, New Delhi.

4.

On 08.04.2017, the prosecutrix had identified the place of

occurrence, which is the roof of a small room, near Office of the

Digitally Signed

By:SUNIL

Signing Date:06.02.2024

11:08:51

Signature Not Verified

BAIL APPL. 3316/2023 Page 3 of 5

Principal Commissioner of Service Tax, Delhi, Nehru Place

Flyover, Kalkaji, New Delhi.

5.

The prosecution further alleges that in the local enquiry

conducted, the photographs of the accused were shown to the

people in the nearby areas and two persons recognized the

applicant as the person in these photographs. The applicant was

thereafter apprehended as his face resembled the face of the

accused in CCTV footage. He refused the TIP.

6.

The learned counsel for the applicant submits that the applicant

has been in custody since 08.04.2017. He submits that the

statement of the victim stands recorded before the learned Trial

Court. He submits that the Compact Disk (CD) of the alleged

CCTV footage was found broken in the Trial Court record. He

submits that, therefore, there is no evidence apart from the

statement of the victim, who has been tutored to implicate the

accused in the aforementioned offence. He submit