ARJUN Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By way of the present application, the applicant seeks grant of regular bail in case arising out of FIR bearing no. 100/2025, registered at Police Station Bhalswa Dairy, Delhi, for the commission of offences punishable under Ss. 137(2)/127(2)/64/87/123 of the Bharatiya Nyaya Sanhita, 2023 (hereafter 'BNS') and Sec. 4 of Protection of Children from Sexual Offences Act, 2012 (hereafter 'POCSO Act').

(2.) Briefly stated, the facts of the present case are that, vide DD No. 24, on 8/2/2025, an information was received at P.S. Bhalswa Dairy regarding an incident of sexual assault. It is alleged that on the night of 6/2/2025 at about 9:00 PM, when the complainant (aged about 17 years) was at her residence, the applicant, who is her neighbour, had allegedly dragged her to his house, forcibly made her consume alcohol, and thereafter committed forcible sexual intercourse with her despite her resistance, following which she had lost consciousness. It is alleged that upon regaining consciousness at around 5:00 AM, she had found herself without clothes and the applicant lying beside her in the same condition. Thereafter, she had returned home and informed her sister about the incident, which was followed by her sister contacting the police on 8/2/2025. Acting upon the said information, the police had reached the spot and conducted necessary proceedings, including medical examination of the complainant at BJRM Hospital vide MLC no. 26738. Thereafter, the present FIR was registered.

(3.) During the course of investigation, the statement of the complainant was recorded under Sec. 183 of the BNSS. The applicant herein was arrested on 8/2/2025 and his potency test was conducted vide MLC No. E/35639/178058. After completion of investigation, chargesheet was filed before the concerned Court on 1/4/2025.