Bail.Appl.No.2062/2022 Page 1 of 9

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 21.07.2022

Date of decision: 28.07.2022

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BAIL APPLN. 2062/2022

ZEESHAN KHAN

..... Applicant

Through:

Mr. Pardeep Teotia, Mr. Harmeet

Singh Gulati, Mr. Abhinav Gour &

Mr. Naman Shankar, Advocates.

Versus

STATE (GOVT. OF NCT OF DELHI)

..... Respondent

Through:

Mr. Shoaib Haider, APP for State with

SI Avaneesh Kumar, SI Bharti.

Ms. Ruchika Sharma, Advocate for

complainant.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

JUDGMENT

ANU MALHOTRA, J

1.

The applicant- Zeeshan Khan, vide the present application seeks

the grant of anticipatory bail in the event of arrest in relation to FIR

No.288/2022, PS Jagatpuri under Sections 376/506 of the Indian Penal

Code, 1860 and Section 6 of the POCSO Act, 2012 submitting to the

effect that the applicant has been falsely implicated in the instant case,

that the allegations qua the incident stated in the complaint of the

mother of the stated victim have never taken place and that the

complaint has been filed to tarnish the image and prestige of the

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002834

Bail.Appl.No.2062/2022 Page 2 of 9

applicant and his family members who carried deep roots in society;

that the applicant has clean antecedents and has never been found

guilty for violating the law of the land; that he is ready to join the

investigation of the case; that his arrest would decimate his future

socially and professionally and will ruin his entire family and that

there is no recovery to be effected from him nor at his instance.

2.

Notice of the application was issued to the State as well as to

the complainant.

3.

The State and the complainant have vehemently opposed the

prayer made by the applicant seeking the grant of anticipatory bail.

4.

As per the FIR registered on 27.04.2022 on the complaint of the

mother of the victim, the typed complaint was presented by the

complainant Jinnat W/o Md. Tanveer who also produced the victim

girl who was counseled and on the basis of the complaint presented by

the complainant, the FIR was registered under Sections 376/506 of the

Indian Penal Code, 1860 and Section 6 of the POCSO Act, 2012.

5.

As per this complaint lodged by the mother of the victim against

the applicant herein named Zeeshan, his mother named Salma Tyagi,

his sister named Rida and his father named Mohd. Sufi Islam dated

27.04.2022, she stated that she has three children named Ali Tanveer,

Muskan and ‘Z’ (the victim) of whom ‘Z’ has her youngest daughter,

a minor then aged 17 years and that the accused persons were known

to them and resided in their neighborhood near Ambedkar Gate, Jagat

Puri, Delhi and that the accused/ applicant-Zeeshan is the friend of her

son Ali Tanveer and had come to their house 2-3 times and that she

saw that her daughter ‘Z’ was disturbed from the last few days and

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002834

Bail.Appl.No.2062/2022 Page 3 of 9

was facing mental stress and there was a lot of irritability in her

behaviour and that on the night of 25.04.2022, she found her daughter

‘Z’ was weeping alone in the room and she asked her what the matter

was, why was she weeping, then, ‘Z’ hugged her mother, the

complainant while weeping and told her that the neighbour boy

Zeeshan (applicant herein) forcibly had made physical relations with

her and that Zeeshan has so done not only once but several times he

had made physical relations with her forcibly and that the first time,

Zeeshan had made physical relations with ‘Z’ at his house when she

was 13 years old and that Zeeshan had also