Serious Allegations and Non-Cooperation in Investigation: High Court of Delhi Denies Bail to Accused in Sexual Assault Case Involving a Minor

In a significant ruling, the High Court of Delhi today refused to grant anticipatory bail to Khushal Singh @Gangu, the petitioner in the case filed under FIR No. 486/2023. The case involved serious charges under Sections 354/ 354A/ 354D/509 IPC and Sections 8/12 of the POCSO Act.

Justice Rajnish Bhatnagar, presiding over the matter, observed the gravity of the allegations, highlighting the petitioner's non-cooperation with the ongoing investigation. "Keeping in view the circumstances of this case and the fact that the victim was a minor at the time of the incident coupled with serious allegations against the petitioner... no benefit can be given to him at this stage," Justice Bhatnagar stated in his order.

The petition for anticipatory bail arose following allegations that the petitioner made inappropriate gestures towards a minor and physically assaulted her. The petitioner, represented by Senior Advocate Mr. K. K. Manan and his team, argued that he had been falsely implicated, citing CCTV footage and eyewitness accounts to establish his absence from the crime scene.

However, the State, represented by Mr. Raghuinder Verma, APP, and Ms. Astha, Advocate for the prosecutrix, vehemently opposed the bail. They pointed out the victim's minor status at the time of the incident and her supported allegations in her statement under section 164 Cr.P.C.

Justice Bhatnagar noted the presence of the victim near the place of the incident in the CCTV footage but acknowledged that the exact place of the offence was not covered by the cameras. This aspect, he mentioned, is a matter of trial and cannot be commented upon at this stage.

The court also took into consideration the petitioner's past criminal record and the fact that he had been absconding since the day of the incident. The issuance of a Non-Bailable Warrant (NBW) against the petitioner on December 1, 2023, was also a factor in the decision to deny bail.

This judgment underlines the court's stance on crimes involving minors and the importance of cooperation in the judicial process. Justice Bhatnagar concluded his order by stating, "Nothing stated hereinabove shall tantamount to the expression of any opinion on the merits of this case." The case continues to garner attention, emphasizing the judiciary's commitment to safeguarding minors' rights and ensuring justice.

Date of Decision: 19.01.2024

KHUSHAL SINGH @GANGU VS STATE OF NCT OF DELHI