RAJ MAHATO Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) By way of the present application under Sec. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ["BNSS"] (corresponding to Sec. 438 of the Code of Criminal Procedure, 1973), the applicant seeks anticipatory bail in connection with FIR No. 98/2025, dtd. 6/2/2025, registered under Sec. 108 of the Bharatiya Nyaya Sanhita, 2023 ["BNS"], at Police Station Bhalswa Dairy, District Outer North, Delhi.

(2.) The subject FIR was registered on 6/2/2025 in respect of the unfortunate death by suicide of the complainant's daughter. The incident took place on 26/1/2025. As stated in the FIR, the complainant initially did not suspect anyone; however, upon checking the mobile phone of the deceased, it was revealed that she had been in contact with the applicant. The applicant was a classmate of the deceased - they were both students of Class XII in Sarvodaya Co-Ed Vidyalaya No.1, Shakti Nagar, Delhi, at the time of the incident. He and his sister were friends of the deceased and used to visit her home. It was alleged that the applicant had sent objectionable photographs and videos to the deceased on 25/1/2025, and that the two remained in telephonic contact on 26/1/2025 from 05:47 A.M. until the deceased committed suicide in the afternoon. The complainant also produced the mobile phone of the deceased, which contained a video of the applicant putting a mangalsutra on the deceased, alongwith other objectionable photographs and videos. It was, therefore, alleged that the applicant had harassed the deceased, as a result of which she committed suicide.

(3.) Notice was issued in this application on 8/8/2025, pursuant to which a status report was filed by the prosecution on 22/8/2025. It was stated therein that the mobile phone of the deceased had been sent to the Forensic Science Laboratory ["FSL"], but the results were awaited. In view of the deceased's date of birth, recorded as 16/7/2007, allegations under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 ["POCSO Act"], and Ss. 67A/67B of the Information Technology Act, 2000 ["IT Act"], were also added. It was further stated that the applicant had not joined the investigation and had been declared a proclaimed offender on 10/7/2025.