SWAMI GANESHANAND Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present petition has been filed seeking anticipatory bail under Section 438 read with Section 482 of the CrPC. The case against the Petitioner arises out of FIR No.215/2020 under Sections 354-A and 509 of IPC and Section 12 of Protection of Children from Sexual Offences Act, 2012 (hereinafter, 'POCSO Act') registered at PS Govind Puri.

(2.) The Complainant, aged 17 years old, had alleged that on 14th May, 2020, at about 11:00 P.M while she was studying in her house, the Petitioner had clicked 4 to 5 photographs of her and made obscene gestures towards her. It was further alleged that the Petitioner had pointed towards the Complainant and abused her in filthy language. The incident was not reported immediately. However, on 14th June, 2020, the Complainant's mother and the Complainant reported the incident and an FIR was registered.

(3.) The case of the Petitioner is that the allegations made in the complaint are false. Mr. Manan, ld. Senior Counsel submits that even if the case of the Complainant is taken at the highest, Section 354-A and Section 509 IPC are bailable offences and under Section 12 of the POCSO Act, the maximum sentence would be three years. Under these circumstances, he submits that the Petitioner is entitled to bail. He further submits that under similar circumstances in Joginder Kumar v. State (Bail Appln. 2364/2018) and Umesh Kumar v. State (NCT of Delhi) (Bail Appln. 2418/2016), ld. Single Judges have granted bail.