STATE Vs. LALIT KUMAR

JUDGEMENT

(1.) The CRL. M.C. 3956/2026 preferred by the State and CRL. M.C 3966/2026 preferred by the complainant have been filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter, "BNSS"), assailing the order dtd. 7/5/2026 passed by the learned Additional Sessions Judge (SC- POCSO), South West District, Dwarka Courts, Delhi in Bail Matter No.3991/2026 titled as "Lalit Kumar vs. State", whereby regular bail was granted to the respondent-Lalit Kumar in FIR No. 104/2026 registered at Police Station Janak Puri for offences punishable under Ss. 64(1) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter, "BNS") and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, "POCSO").

(2.) CRL.M.C. 3966/2026 has been preferred on behalf of the victim's mother, who had lodged the aforesaid FIR. Accused Lalit Kumar is respondent no.2 in it and therefore, whenever the word 'respondent' is referred to, it will also mean respondent no.2 of this petition. Since both the Petitions challenge the same impugned order granting bail to the respondent and arise out of the same FIR, they are being decided by this common judgment.

(3.) Briefly stated the facts as alleged by petitioners are that on 28/4/2026, the minor victim, aged about 3 years and daughter of the Complainant, was enrolled in the Nursery Class at a Junior School at Narang Colony, Janak Puri, Delhi, which is affiliated with a Senior Secondary School, Janakpuri. The said Junior School had a total of approximately 34 students and 10 staff members, comprising six female teachers, two female maids, one guard, namely Gopal, and the Respondent (Caretaker/Upper Division Clerk). The Respondent was one of only two male persons posted in the Junior Wing.