$~

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 13^th March, 2023 Pronounced on: 27th March, 2023 + BAIL APPLN.3604/2021 CRL.M.A. 23562/2022, 25990/2022 + CRL.M.C.1705/2021 & CRL.M.A. 12651/2022, 13600/2022, 26016-17/2022 MANISH PRASAD ..... Petitioner Through: Mr.Harshveer Pratap Sharma, Senior Advocate with Mr.Radhe Shyam Sharma, Advocate.

versus STATE GOVT. OF NCT OF DELHI ..... Respondent Through: Ms.Meenakshi Dahiya, APP for the State with SI Deepika, PS K M Pur and SI Snehlata, CAW Cell Nanakpura.

Mr.Dibyanshu Pandey and Ms.Soumya Kumar, Advocates for complainant with mother of complainant.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.

1. BAIL APPLN.3604/2021 is filed for grant of bail to the petitioner not only on ground of default but otherwise and CRL.M.C.1705/2021 is filed for setting aside the order dated 09.06.2021 passed by learned Additional Session’s Judge, Fast Track Court-POCSO, South East District, Delhi whereby the learned Trial Court has dismissed the bail application under Section 167(2) Cr.P.C. on the ground the Investigating Officer has filed the final report after completion of investigation.

2. Firstly, the Crl.M.C.No.1705/2021 is taken up as it pertain to legal BA No.3604/2021 and Crl.M.C.1705/2021 Page 1 of 6 Signature Not Verified issues and right of petitioner and BA No.3604/2021 be considered thereafter.

3. The brief facts are: on 11.02.2021 the victim was seen by lady staff of EFICOR NGO and Paryas Railway Child Line at New Delhi Railway Station and after interrogation they brought her to Kotla Mubarak police station along with staff of PS New Delhi Railway Station.

4. The statement of victim was recorded in front of both NGOs wherein she alleged to be 16 years old and working as a domestic help at H No. XXX, INA Colony New Delhi. The prosecutrix hail from the State of Bihar and one of her neighbour Pankaj Kumar and his wife Smt. Shail Sahu brought her to Delhi. They made her do house hold work. She further stated when Manish, the brother-in-law of Pankaj visited at H.No.XXX INA Colony, New Delhi he allegedly assaulted and raped her several times about 8-9 months back at the night time and last incident happened two months prior to the registration of the case. She alleged herself to be disturbed and decided to return to her native place Bihar.

5. On 10.02.2021, she hired an auto for Railway Station and booked a Railway ticket from Delhi to Bihar with the help of an auto driver. Due to schedule of train for the next day she came back to INA Colony and spent night at terrace of above said address. Next day early morning she departed for the Railway Station where she was rescued by NGO. Accordingly, the present case was registered. The mother of the victim was informed. On 11.02.2021 accused Manish was arrested and sent to JC. Medical examination of both the prosecutrix and accused Manish were conducted at AIIMS Hospital and all the exhibits collected were BA No.3604/2021 and Crl.M.C.1705/2021 Page 2 of 6 Signature Not Verified sent to RFSL Chanakya Puri for expert opinion. On 12.02.2021, statement under Section 164 Cr.P.C. of the prosecutrix was recorded before the Court, wherein she supported her allegations. On 15.02.2021, the child was produced before the CWC, during counselling the mother of the victim was also present. After counselling, as per the direction of CWC/Lajpat Nagar the custody of prosecutrix was handed over to Global Family Charitable Trust and child was produced before the SDM and the Labour Commissioner.

6. During investigation school documents of victim were verified from Bihar. On 23.02.2021 the mother of victim also joined the investigation and her statement under Section 161 Cr.P.C. was recorded, in which she stated her daughter used to talk to her everyday through phone but never informed about anything. CDRs of mobile numbers of accused from 01.07.2020 to 11.02.2021 were received and were analysed and per CDR location of accused was found in the surrounding a