Anticipatory bail is an exceptional power exercised with caution; it is not a matter of course, particularly in grave cases involving sexual offences against minors where there exists a risk of tampering with evidence or intimidating witnesses, thereby necessitating custodial investigation.

201

****

KIRTI SINGH, J. (Oral)

Apprehending arrest in case FIR No.328 dated 08.07.2025, under Sections 351(2), 3(5), 232(1) of BNS, 2023 and Sectio 6 of POCSO Act (Sections 376 and 365 IPC added later on), registered at Police Station Mujessar, District Faridabad, the petitioner has preferred this petition under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023) for grant of pre-arrest bail.

2. Allegations levelled in the FIR

The allegations levelled in the present FIR, lodged by the prosecutrix who was aged about 16 years at that time, are that she came into contact with one Neha Khan, who introduced her to his brother (co-accused Amir). Thereafter Amir, who had befriended the prosecutrix, took her, along with his family members to Dargah Nizamuddin, Delhi, where the prosecutrix was presented before one maulana as his fiancee. It is alleged that the prosecutrix was told that her marriage to Amir would be solemnized once she converted her religion. Thereafter, in the month of June 2023, accused Amir took the prosecutrix at the house of his sister-in-law, where he committed rape upon the prosecutrix and clicked her obscene photographs, using which he thereafter started blackmailing her, and continued committing aggravated penetrative sexual assault upon her. Regarding this, another FIR No.164 dated 15.03.2024 was registered in the police station Mujesar Distt. Faridabad. It was further alleged that thereafter, accused Neha, by threatening to release the obscene photographs, took the prosecutrix to her house in Delhi on 05.04.2024, where the prosecutrix kept for two months. There, accused Nawab Khan (present petitioner), an employee with the Delhi police, visited her and took her at his house. It is the allegation that whenever the prosecutrix was alone at the house of the petitioner, he used to commit rape upon her. He even threatened to kill the prosecutrix and her family members in case she disclosed the incident to anyone. After four months, the prosecutrix was moved to another room in Kamrudeen Nagar, Delhi, where she was introduced as Ayat Khan by the petitioner and accused Neha. It is the allegation that the prosecutrix was provided with food only when she recited Urdu Kalme, failing which she was beaten by accused Neha. Furthermore, the petitioner not only indulged in physical relations with accused Neha in the presence of the prosecutrix, but also established forceful physical relations with the prosecutrix, who was also made to cook non-vegetarian food. The prosecutrix was thereafter allegedly taken by accused Neha to her house in Dwarka, Delhi, where she use to hear the father of accused Amir and the present petitioner talk, stating that by the end of 2047 they would make India a Islamic country. The father of accused Amir used to molest the prosecutrix finding her alone and made her listen to Namaz. On 22.10.2024, prosecutrix was threatened by the petitioner that in case she did not give statement in favour of accused Amir, then her photographs would be viralled and her family members would be killed. Thereafter, on 18th December, co-accused Amir was released on bail. On 20th December, the family members of prosecutrix with the help of police took the prosecutrix from the house of accused persons and now, accused Amir and Neha are threatening to kill the prosecutrix. Based on these allegations, the present FIR was registered for the offences mentioned therein.

3. Submissions made by learned counsel for the petitioner

Learned counsel for the petitioner submits that the petitioner, an earnest police official, has been falsely implicated in the present case. It is contended that even his name has been incorrectly recorded as Nawab Khan in the FIR, whereas