Gaurav Kumar v. State Of NCT Of Delhi
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 4105/2024 GAURAV KUMAR .....Petitioner Through:
Mr.
Varun Kumar, Mr.
Saurabh Agarwal, Mr. M. Kumar Guru and Mr. Hritik Bhardwaj, Advocates.
versus STATE OF NCT OF DELHI .....Respondent Through:
Ms. Priyanka Dalal, APP for the State with SI Neha, PS Mehrauli.
Ms. Bindita Chaturvedi, Ms. Kirti, Advocate along with victim's mother.
Mr. Alok Vajpayee, Advocate for R2.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
O R D E R
% 11.12.2024 1.
This is a petition seeking grant of regular bail in FIR No. 31/2024 dated 09.01.2024, PS Mehrauli, under Section 363 IPC and charge sheet 363/376/465 of IPC and 4 POCSO Act.
2.
As per the FIR, the daughter of the complainant was reported missing and she was found thereafter. After investigation, the prosecutrix gave statement u/s 164 Cr.P.C. which revealed that the petitioner, who was the neighbour of the prosecutrix, misguided her to leave the house and then raped her in a hotel room.
3.
It is stated by Mr. Kumar, learned counsel for the petitioner that as per the Aadhar Card of the prosecutrix the date of birth was 18.08.2004 and as The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
per the school admission form it is 18.08.2006. It is stated that the date in the school record is fabricated only to show the child as a minor on the date of the incident, i.e. 09.01.2024.
4.
In addition, the learned counsel for the petitioner states that the Petitioner has never committed any act of sexual offence against the Petitioner and the entire case is set up. Hence, the Petitioner is entitled to bail.
5.
As per the nominal roll, the Petitioner has already been under incarceration for a period of 10 months 19 days. 6.
I have heard Mr. Lal, learned APP as well as Ms. Bindita Chaturvedi and Mr. Alok Vajpayee, counsel for the prosecutrix. 7.
Even assuming the best-case scenario for the Petitioner that the date of birth of the prosecutrix is 18.08.2004, the fact remains that as per statement u/s 164 Cr.P.C. the Petitioner has committed penetrated sexual assault upon the prosecutrix without her consent. 8.
Ms. Dalal has handed over a status report in court today wherein it is stated that there are documents showing the entry and exit of both the Petitioner and prosecutrix in the concerned hotel. 9.
Further, the second MLC prima-facie confirms the act of sexual assault.
10.
There are serious allegations against the petitioner. Witnesses are yet to be examined and charges are yet to be framed. 11.
For the said reasons, the petition is dismissed. 12.
Needless to state that nothing observed hereinabove shall amount to an expression on the merits of the case and shall not have a bearing on the trial of the case as all arguments or the observations made are only for the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
purpose of deciding the present bail application and all legal and factual arguments are left open to be addressed at the stage of framing charge. 13.
The status report is taken on record.
JASMEET SINGH, J DECEMBER 11, 2024/ab Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.