NEUTRAL CITATION NO: 2022/DHC/004851

Bail.Appl.No.2159/2022 Page 1 of 10

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 23.09.2022

Date of decision: 15.11.2022

+

BAIL APPLN. 2159/2022

ANIL

..... Petitioner

Through:

Mr. Abhinandan Gautam, Ms.

Samriddhi & Mr. Suresh Sisodia,

Advocates.

Versus

STATE (NCT OF DELHI)

..... Respondent

Through:

Mr. Shoaib Haider, APP for

State

with

SI

Jagdish,

PS

Fatehpur Beri.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

JUDGMENT

ANU MALHOTRA, J

1.

The applicant, vide the present application seeks the grant

of regular bail in relation to FIR No.507/2018, PS Fatehpur Beri

under Section 376 Indian Penal Code, 1860 r/w Sections 4 & 6 of

the POCSO Act, 2012 submitting to the effect that he is

incarcerated since 07.12.2018.

2.

The present application is the third bail application filed by

the applicant herein before this Court with the first bail

application i.e. Bail Appln. No.449/2019 having been dismissed

as withdrawn vide order dated 23.04.2019 and vide order dated

Digitally Signed

By:SUMIT GHAI

Signing

Date:15.11.2022

17:44:59

This file is

digitally signed by

PS to HMJ ANU

MALHOTRA.

Signature

Not Verified

NEUTRAL CITATION NO: 2022/DHC/004851

Bail.Appl.No.2159/2022 Page 2 of 10

17.09.2020 in Bail Appln. No.2437/2020, i.e. the second bail

application filed by the applicant seeking the grant of bail was

declined with observations therein to the effect:-

“….. On a consideration of the rival submissions made

on behalf of either side without any observations on the

trial that is in progress, taking into account the factum

that the deposition of the prosecutrix is yet to be

completed and the testimony of her parents also yet to be

completed, coupled with the factum that both through

her deposition on oath to the extent that it has been

recorded and through her statement under Section164 of

the CrPC the prosecutrix has stated in relation to the

alleged commission of rape on her by the petitioner and

taking into account the young age of the prosecutrix, she

being a minor at the time of the alleged commission of

the offence being only 14 years of age, there is no

ground whatsoever to grant bail to the applicant.

The petition is declined.”

3.

It has been submitted on behalf of the applicant that the

cross-examination of the prosecutrix has since been conducted

and that the prosecution version set forth through the FIR, MLC

and the statement under Section 164 of the Cr.P.C., 1973 and the

depositions made by the prosecutrix before the learned Trial

Court are all at variance. It has also been submitted on behalf of

the applicant that there are no injuries i.e. internal or external

recorded in the MLC of the prosecutrix and no sexual assault can

thus be attributed to the applicant.

4.

The State through its status report dated 15.08.2022

submitted under the signatures of the SHO, PS Fatehpur Beri

vehemently opposes the prayer made by the applicant seeking the

grant of bail. It has been submitted through the said status report

Digitally Signed

By:SUMIT GHAI

Signing

Date:15.11.2022

17:44:59

This file is

digitally signed by

PS to HMJ ANU

MALHOTRA.

Signature

Not Verified

NEUTRAL CITATION NO: 2022/DHC/004851

Bail.Appl.No.2159/2022 Page 3 of 10

that on the complaint of the prosecutrix Ms. ‘P’, the FIR No.

No.507/2018, PS Fatehpur Beri under Section 376 of the Indian

Penal Code, 1860 & Sections 4/6 of the POCSO Act, 2012 was

registered against the applicant herein, wherein, the complainant

stated that she was a student of 9th class and for the past one year

she was taking tuitions from the applicant herein, a resident of

Sanjay Colony Bhati Mines and that on 5/12/2018, the applica