Akash Chauhan v. State G.N.C.T Of Delhi

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + AKASH CHAUHAN .....Petitioner Through:

Mr. Pradeep Teotia with Mr. Amit Kumar Dhaka, Mr. Lakshay Teotia, Advocates.

versus STATE G.N.C.T OF DELHI .....Respondent Through:

Mr. Sunil Kumar Gautam, APP.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 09.02.2026 1.

Applicant seeks regular bail in FIR No.336/2023 dated 27.06.2023, registered under Section 376/328/323/506 IPC & Section 6 Protection of Children from Sexual Offences Act (POCSO Act), 2012 at P.S. GTB Enclave. 2.

A copy of the FIR is on record which indicates that the child-victim, who was, reportedly, 16 years and nine months old, at relevant time, befriended the accused. Thereafter, on 11.10.2020, the accused had taken her to one house where he administered her with some drink, laced with intoxicating substance. She fell unconscious and, when she regained consciousness, she learnt that the accused had made physical relations with her and had taken her photographs and videos. However, the matter was not reported by her as the applicant had threatened that, in case the matter was reported to the police, the aforesaid photographs and video would be made viral.

3.

Thereafter, in September 2022 also, he entered into physical relations with her, against her consent.

4.

Thereafter, the child-victim, stopped meeting him and when on one subsequent date, he allegedly, slapped her, she reported about the previous act and conduct of the accused to her parents who then brought her to the police The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

station and on the basis of her such report, FIR was, eventually, registered on 27.06.2023.

5.

The prosecution has cited 29 witnesses out of which, admittedly, 13 witnesses, including the child victim and her parents, have already been examined. 10 witnesses have reportedly been dropped by the prosecution as the relevant documents have been admitted by the accused. 6.

As per the nominal roll available in the record, the accused is twenty six years of age with no previous involvement and is in custody for more than two and half years.

7.

Victim is present in the Court with her mother and they oppose the bail application.

8.

According to the learned counsel for the applicant, the accused has no previous involvement of any nature whatsoever and he had, at the earlier stage, cooperated with the investigation and there is no question of his influencing or threatening anyone particularly when all the material witnesses including the child-victim, have been examined. He submits that it is a false case and parties were in relationship.

9.

He also refers to the cross-examination of the child-victim wherein she had admitted several letters and diaries written by her which indicates such relationship and in her further cross-examination, she also deposed that such letters were written one year prior to the registration of FIR. 10.

Since the case is already at advance stage of trial, it will not be appropriate to make any observation with respect to the merits of the case. 11.

Keeping in mind the overall facts of the case and long incarceration period, young age of the applicant and his clean antecedents, the applicant is directed to be released on bail on his furnishing personal bond in a sum of Rs. 25,000/- with one surety of like amount, subject to the satisfaction of learned The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Trial Court/CMM/Duty Magistrate with following conditions:- i.

The applicant would provide his Mobile Number to the concerned I.O and would ensure that such Mobile Number remains active and operational, till the disposal of the case by the learned Trial Court. ii.

Applicant will not live in same locality where the complainant is residing.

iii.

The applicant would not try to come in contact of complainant and her family members, directly or indirectly.

iv.

The applicant would report to the concerned SHO/IO of P.S. GTB Enclave, every first Sunday of every calendar month at 11:00 A.M. v.

Applicant shall not leave NCR, without prior permission of learned Trial Court.

vi.

Applicant will not seek any unnecessary adjournment and would appear on all the dates, as fixed by learned Trial Court in the abovesaid ongoing matter.

13.

Since the material witnesses have already been examined and few other witnesses have been dropped, learned Trial Court is also requested to expedite the disposal of the abovesaid case.

14.

The application stands disposed of in aforesaid terms. 15.

A copy of this Order be immediately sent to the learned Trial Court and Jail Superintendent for information and necessary compliance. MANOJ JAIN, J FEBRUARY 9, 2026/sw/pb The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.