SULEMAN SAMAD Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present bail application under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [hereafter 'BNSS'] has been filed on behalf of the applicant, seeking grant of regular bail in case arising out of FIR No. 0103/2023, registered at Police Station Vasant Vihar, Delhi for offences punishable under Ss. 354/354A of the Indian Penal Code, 1860 [hereafter 'IPC"] and Sec. 8 of the Prevention of Children from Sexual Offences Act, 2012 [hereafter 'POCSO Act'].

(2.) Briefly stated, the facts of the case as per prosecution are that on 26/3/2023, the accused/applicant herein had visited the house of the victim when her parents were away for work, at 06:00 pm, and on finding the victim alone in the house, he had put his hand inside her T-shirt and had inappropriately pressed her chest. It is also alleged that thereafter, the accused had inserted his hand inside the pants of the victim, touched her genitals and made certain inappropriate comments. The victim had revealed the incident to her neighbour, who had made a call to the mother of the victim and asked her to rush back home. On the basis of a complaint lodged by the mother of the victim, the present FIR was registered. During investigation, counselling of the victim was conducted by CIC Counsellor, and her medical examination was conducted at Safdarjung Hospital, Delhi. The statement of the victim was also recorded under Sec. 164 of the Code of Criminal Procedure, 1973 (hereafter 'Cr.P.C."). The present accused/applicant was arrested on 27/3/2023 and since then, he has been in judicial custody. After the conclusion of investigation, chargesheet and supplementary chargesheet were filed on 24/5/2023 and 21/9/2023 respectively, and charges were framed against the present applicant. The first and second bail applications filed by the applicant before the learned Trial Court were dismissed vide orders dtd. 9/5/2024 and 20/10/2024 respectively.

(3.) The learned counsel appearing for the accused/applicant argued that the applicant has been falsely implicated in the present case, and the entire allegations against him are concocted and fabricated. It was argued that the applicant is a 60 year old man, suffering from several health ailments, and he has been in judicial custody for more than 1' years.