Prakash Vs the State of NCT of Delhi and Anr. — Child Sexual Offences (POCSO) | Delhi HC (2025)

Prakash Vs the State of NCT of Delhi and Anr. — Child Sexual Offences (POCSO) | Delhi HC (2025)

What the court decided

AI extract

Outcome

Petitioner admitted to regular bail subject to furnishing a personal bond of Rs.25,000/- with one surety of the like amount to the satisfaction of the learned Trial Court/JMFC/Duty JM, further subject to conditions: (a) appearance before the Court as and when the matter is taken up; (b) providing a working mobile number to the IO and not changing it without prior intimation; (c) not indulging in criminal activity and not communicating with or contacting witnesses or their family members. Petition disposed of in these terms; copy of order to be forwarded to the concerned Jail Superintendent.

Issue for consideration

Whether the petitioner is entitled to regular bail in connection with FIR No. 289/2025 (Sections 65(2), 351 BNS, 2023 and Section 6 POCSO Act, 2012), given that the victim (PW-1) has not supported the prosecution case.

Court's answer

A perusal of the testimony of PW-1 shows that the victim has not supported the case of prosecution, and she even denied the suggestions put to her by the learned Additional/Special Public Prosecutor for the State.

Ratio / Principle

It is not in dispute that apart from the victim, there is no other material witness in the case.

Key takeaways

In view of the fact that the victim/PW-1 has not supported the case of prosecution at all, the Court found that the petitioner is entitled to regular bail.ratio¶13
The observations made in the order are only for the limited purpose of deciding the bail application and shall not be construed as an expression of opinion on the merits of the case.obiter¶21

Detailed headnote1 paragraphs

Bail – Regular bail under Sections 483/528 BNSS, 2023 in FIR No. 289/2025 (PS Nand Nagri, Delhi) under Sections 65(2) and 351 BNS, 2023 and Section 6 POCSO Act, 2012 – Victim examined as PW-1 did not support the case of prosecution and denied the suggestions put by the learned Additional/Special Public Prosecutor; it was not in dispute that apart from the victim there was no other material witness – Held, petitioner entitled to regular bail – Bail granted on personal bond of Rs.25,000/- with one surety of like amount, subject to conditions of appearance, maintaining a working mobile number intimated to the IO, and abstaining from criminal activity and contact with witnesses/family members of witnesses – Clarified that observations are confined to deciding the bail application and are not an expression of opinion on merits – Petition disposed of accordingly (Vikas Mahajan, J.; 03.11.2025).

$~14

IN THE HIGH COURT OF DELHI AT NEW DELHI

- BAIL APPLN. 3673/2025 PRAKASH .....Petitioner Through: Mr. Chetan and Ms. Deepika, Advs. versus

THE STATE OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Sanjeev Sabharwal, APP for State.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 03.11.2025

The present petition has been filed under Section 483 read with Section 528 BNSS, 2023 seeking regular bail in connection with FIR No. 289/2025 under Sections 65(2), 351 of BNS, 2023 & Section 6 of POCSO Act, 2012 registered at Police Station Nand Nagri, Delhi.

Mr. Chetan, learned counsel appearing on behalf of the petitioner submits that the victim has not supported the case of prosecution. To buttress his contention, he has invited attention of the Court to the testimony of victim who was examined as PW-1.

A perusal of the testimony of PW-1 clearly shows that the victim has not supported the case of prosecution. Even the victim has denied the suggestion given to her by the learned Additional/Special Public Prosecutor for the State.

It is not in dispute that apart from the victim, there is no other material witness.

In view of the fact that the victim/PW-1 has not supported the case of prosecution at all, this Court finds that the petitioner is entitled to regular

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/11/2025 at 11:14:46

bail.

Accordingly, the petitioner is admitted to regular bail subject to his furnishing a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the learned Trial Court/JMFC/Duty JM, further subject to the following conditions:

(a) Petitioner shall appear before the Court as and when the matter is taken up for hearing.

(b) Petitioner shall provide mobile number to the IO concerned which shall be kept in working condition at all times and he shall not change the mobile number without prior intimation to the Investigating Officer concerned.

(c) Petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with the witnesses or any family members of the witnesses.

It is clarified that the observations made hereinabove are only for the limited purpose of deciding the present bail application and the same shall not be construed as an expression of opinion on merits of the case.

The petition is disposed of in the above terms.

Copy of the order be forwarded to the concerned Jail Superintendent for necessary compliance.

Order dasti under signatures of the Court Master.

VIKAS MAHAJAN, J

NOVEMBER 3, 2025 aj

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/11/2025 at 11:14:46