Delhi High Court
Ankit Kumar vs The State Nct Of Delhi on 28 May, 2025
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 28.05.2025
+ BAIL APPLN. 1492/2025
ANKIT KUMAR .....Petitioner
Through: Mr. J. P. Singh, Advocate.
versus
THE STATE NCT OF DELHI .....Respondent
Through: Mr. Ritesh Kumar Bahri, APP for
State and Ms. Divya Yadav with SI
Arun Kumar and Inspector Vikram
Singh, PS Prem Nagar.
Mr. Yogesh Kumar, Advocate for
Prosecutrix.
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT (ORAL)
1. The accused/applicant seeks regular bail in case FIR No. 197/2024 of
PS Prem Nagar for offence under Section 323/328/342/354D/363/376/506/
109/34 IPC and 6/17 POCSO Act.
2. In furtherance of last order, Status Report was filed on behalf of
respondent.
3. I have heard learned counsel for accused/applicant and learned APP
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GIRISH KATHPALIA KATHPALIA
Date: 2025.05.28 17:11:51 +05'30'
for the State as well as learned counsel for prosecutrix.
4. Broadly speaking, the prosecution case is that the prosecutrix aged
about 14 years was kidnapped from Delhi by accused Vishnu and taken to
Calcutta, from where she was taken to Mumbai. In Mumbai, Vishnu and the
prosecutrix stayed at the house of the accused Sanjay for one week. At the
house of Sanjay, one Salman and the accused/applicant were also residing.
According to the statement of the prosecutrix, when Sanjay, Salman and the
accused/applicant used to go out for work, accused Vishnu used to rape her
daily. That happened for one week after which Vishnu took her to Calcutta
but was being followed by police, so he returned to the house of accused
Sanjay, who initially refused to let them stay in his house but later he
permitted them to stay. Thereafter, one day the prosecutrix escaped from the
house and reached a bakery, where the police arrived and she was rescued.
5. Learned counsel for accused/applicant argues that there is no
allegation at all against the accused/applicant and he has been arrested
without any reason. Learned counsel has taken me through statements of the
prosecutrix recorded under Section 161 CrPC as well as the one recorded
under Section 164 CrPC.
6. Learned prosecutor submits that in MLC, the prosecutrix alleged that
apart from Vishnu, the present accused/applicant also raped her. Learned
counsel for prosecutrix submits that in her statement under Section 164
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Date: 2025.05.28 17:11:35 +05'30'
CrPC the prosecutrix clearly alleged that the accused/applicant as well as
Sanjay and Salman used to close the door from outside while leaving home,
which shows their complicity.
7. The reference to the accused/applicant in the alleged history recorded
in MLC of the prosecutrix is worded as follows: "Vishnu made sexual
relation with her followed by Sanjay, Ankit and Salman". The reference to
the accused/applicant in statement under Section 164 CrPC is worded as
follows: "Room ka darwaza band karke jate the". There is no other
reference to the accused/applicant at all.
8. Rather in her statement under Section 161 CrPC, the prosecutrix
named the accused/applicant Ankit with the suffix Bhaiya (brother). The
statement under Section 161 CrPC is a detailed one but does not allege any
incriminating act against the accused/applicant. The only reference to the
accused/applicant in statement under Section 161 CrPC is that he was
sharing the room with Sanjay and when all three of them used to go out for
work, Vishnu used to rape her.
9. Statement of prosecutrix under Section 164 CrPC also is a detailed
statement but does not even name the accused/applicant.
10. The accused/applicant is in custody since 19.06.2024.
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GIRISH KATHPALIA KATHPALIA
Date: 2025.05.28 17:11:22 +05'30'
11. Considering the above circumstances, I find no reason to deprive
liberty to the accused/applicant any further. Therefore, the application is
allowed and the accused/applicant is directed to be released on bail subject
to his furnishing a personal bond in the sum of Rs. 10,000/- with one surety
in the like amount to the satisfaction of the learned Trial Court. It is directed
that the accused/applicant shall not contact the prosecutrix or any of her
relatives.
GIRISH GIRISH KATHPALIA
KATHPALIA Date: 2025.05.28
17:11:06 +05'30'
GIRISH KATHPALIA
(JUDGE)
MAY 28, 2025/DR
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