At the bail stage, courts do not minutely sift evidence or credibility of witnesses; in grave offences like sexual assault, bail is generally denied once trial has commenced and is at an advanced stage, especially where the accused exploited the victim's vulnerability.

ORDER

1. The present application has been filed on behalf of the applicant seeking grant of regular bail in case arising out of FIR No. 553/2019, registered at Police Station Prem Nagar, Delhi, for commission of offence punishable under Section 376 of the Indian Penal Code, 1860 (hereafter ‘IPC’) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereafter ‘POCSO Act’).

2. Briefly stated, the case of the prosecution is that on 09.10.2019, a PCR call regarding sexual assault upon a girl was received at Police Station Prem Nagar. Thereafter, the prosecutrix, along with her parents, came to the police station, where a counsellor was called and her counselling was conducted in the presence of her parents. In her statement, the prosecutrix stated that as she had been unwell for several years, her family believed that she was under the influence of some evil spirit and, therefore, they had started taking her to faith healers. On the advice of her father’s friend, Rahman, her father had taken her to the present accused/applicant Mohd. Mubarak, who was stated to be a Maulvi residing in Mubarakpur, for treatment on 08.10.2019. She alleged that during the treatment, the accused had asked her strange and inappropriate questions and later visited her house in the evening, where he insisted on treating her alone. It was alleged that the accused told her that she was under the influence of a jinn and that it could only be removed through obscene acts, after which he asked her to remove her undergarments and committed sexual assault upon her. Out of fear, she did not disclose the incident immediately, but narrated the same to her mother the next morning, following which the police was informed. Thereafter, the prosecutrix was medically examined at SGM Hospital, Mangolpuri, and on the basis of her statement and medical examination, the present FIR for offence under Section 376 of the IPC and Section 4 of the POCSO Act was registered.

3. During investigation, the applicant herein was arrested, medically examined, and the relevant exhibits were seized and deposited in the malkhana. The statement of the prosecutrix under Section 164 of the Cr.P.C. was also recorded before the learned Magistrate, wherein she disclosed repeated sexual assault, pursuant to which Section 4 of the POCSO Act was substituted with Section 6 of the POCSO Act. The school records of the prosecutrix were obtained and her date of birth was found to be 24.11.2002. The exhibits were sent to FSL for DNA profiling and, after completion of investigation, the charge-sheet was filed before the learned Sessions Court, where the matter is presently pending trial.

4. The learned counsel appearing for the applicant submits that the applicant has been in judicial custody since 10.10.2019, i.e., for more than six years, which amounts to an infringement of his right to personal liberty and right to speedy trial. It is argued that the investigation in the present case stands complete, the charge-sheet has already been filed, and the material witnesses have been examined before the learned Sessions Court. Out of 18 prosecution witnesses, 12 witnesses have already been examined, including the prosecutrix (PW-1), her father (PW-2), and her mother (PW-3), who are the crucial witnesses in the matter. It is argued that the forensic reports have also been placed on record and, therefore, there is no possibility of tampering with evide