Delhi High Court Denies Anticipatory Bail for Accused in POCSO Case

Court Cites Prima Facie Evidence and Serious Allegations to Justify Rejection

In a significant ruling, the Delhi High Court has rejected the anticipatory bail application of Sumit Singh, accused of committing serious offenses under the Bharatiya Nyaya Sanhita, 2023, and the Protection of Children from Sexual Offences (POCSO) Act, 2012. The judgment, delivered by Justice Dr. Swarana Kanta Sharma, underscores the seriousness of the allegations, which include repeated sexual assault of a minor, physical assault, and confinement.

The case originates from an FIR filed by a 17-year-old victim, who alleged that on June 26, 2025, Sumit Singh took her to a friend's house in Govindpuri where he physically assaulted and sexually assaulted her multiple times. The victim's statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, corroborated by medical evidence, played a crucial role in the court's decision. Despite discrepancies in the dates of the incident and the delay in lodging the FIR, the court deemed these issues as matters for trial, emphasizing the trauma experienced by the minor victim.

The defense argued that the FIR was registered following a dispute between the families and highlighted an 11-day delay in filing the report. Furthermore, they claimed the accused had no prior criminal record. However, the prosecution countered, highlighting the serious nature of the allegations and the necessity for custodial interrogation, given the ongoing investigation and potential threat posed by the accused to the victim.

Justice Sharma noted that despite repeated opportunities, the accused failed to join the investigation, strengthening the need for custodial interrogation. The judgment emphasized that friendship with the victim cannot justify the heinous acts committed. The court's decision reflects the gravity with which it views offenses under the POCSO Act and the Bharatiya Nyaya Sanhita, 2023.

The judgment is a stark reminder of the legal system’s commitment to addressing crimes against minors with the utmost seriousness. It reinforces the importance of safeguarding victims' rights and ensuring thorough investigations in cases involving sexual assault.

Bottom Line:

Anticipatory bail application rejected for accused charged with serious offences under Bharatiya Nyaya Sanhita, 2023 and POCSO Act, 2012, taking into account prima facie evidence, material on record, and the seriousness of allegations.

Statutory provision(s): Sections 64(2), 115(2), 127(2), 351 of Bharatiya Nyaya Sanhita, 2023; Section 4 of Protection of Children from Sexual Offences Act, 2012; Section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023.

Sumit Singh v. State NCT of Delhi, (Delhi) : Law Finder Doc Id # 2797105