Suraj vs State Of NCT Delhi

The accused/applicant seeks regular bail in case FIR No. 319/2025 of PS Model Town for offence under Section 74/75/351(2) of BNS and Section 10 of POCSO Act.

Broadly speaking, the allegation against the accused/applicant, aged about 21 years, as culled out of the FIR and statement under Section 183 BNSS is as follows. The complainant de facto, mother of the prosecutrix, aged about 09 years lodged FIR alleging that on 23.05.2025 at about 01:00pm when she returned home from work the prosecutrix was crying and on being asked, the prosecutrix disclosed the incident. According to the prosecutrix, on the said day at about 12:00 noon the accused/applicant, who is their neighbour came to her jhuggi when her mother had gone for work and offered her money for sex and pulled her hand and touched it on his own chest to which she objected, so after threatening her the accused/applicant went away. There is no other allegation against the accused/applicant.

Learned counsel for accused/applicant submits that he has been falsely implicated in this case as mother of the prosecutrix, staying in the jhuggi as a tenant wants to usurp the same. It is further submitted by learned counsel for accused/applicant that accused/applicant is in custody since 24.05.2025 and no purpose would be served by keeping him in jail.

It is submitted by learned APP that it is a case of aggravated sexual assault punishable with imprisonment above 05 years which may extend to 07 years. However, learned APP for State and learned amicus curiae also in all fairness submit that there is no further allegation against the accused/applicant. It is apprised by them that the charges have already been framed.

Of course, the act alleged against the accused/applicant is completely wrong and would have caused scare in the mind of the prosecutrix, but a delicate balancing has to be carried out with the liberty sought by the accused/applicant.

Learned APP for State submits that the accused/applicant be directed to stay completely away from the prosecutrix and her family.

Considering the above circumstances, the bail application is allowed and accused/applicant is directed to be released on bail, subject to his furnishing a personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the Trial Court. Accompanying application also stands disposed of. Further, it is strictly directed that the accused/applicant shall not contact the prosecutrix or any member of her family in any manner whatsoever, failing which, appropriate consequences shall follow.

A copy of this order be immediately transmitted to the concerned Jail Superintendent for informing the accused/applicant.