NIKUND KUMAR JHA Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) The accused/applicant seeks regular bail in case FIR No. 610/2024, registered at PS K.N. Katju Marg, North Delhi for offences under Sec. 498A/406/34 IPC, to which further offences including the offences under Sec. 376/328/354A/376D IPC and Sec. 6 POCSO Act were added in view of detailed statements of the prosecutrix recorded under Sec. 164 CrPC.

(2.) Learned counsel for the accused/applicant contends that the accused/applicant is innocent and has been falsely implicated because on his complaint under Sec. 494 IPC, the prosecutrix was called by the police for preparing Action Taken Report. It is further contended that the allegations against the accused/applicant are basically those arising out of matrimonial disputes, so the accused/applicant deserves to be released on bail. Learned counsel for accused/applicant also submits that at the time of the alleged sexual offences under POCSO Act, the accused/applicant was aged about 17 years 06 months, though he also clarified that he is not arguing that case under POCSO Act is not sustainable on account of age. Further, it is argued that none of the allegations mentioned in the FIR has been repeated in the charge-sheet.

(3.) On the other hand, learned counsel for prosecutrix opposes the bail application on the ground of severity of allegations.