🏛️DELHI HIGH COURT 🏛️

HARISH vs STATE CRLMC 1481/25 10/10/25

Section 483 read with Section 528 BNSS POCSO ACT , 2012 Sections 6 and 21 Section 376AB IPC Regular bail application – Allegations of sexual assault on a minor girl – No DNA match between the accused and the victim – CCTV evidence inconclusive and not placing the accused in the classroom – Victim failed to identify the accused during deposition Prosecution failed to establish strong prima facie grounds of involvement – Bail granted subject to stringent conditions to ensure trial integrity and safety of victim and witnesses.

Relevant Paras 

12. Thus, it emerges that the child has not identified the Applicant during

deposition, the CCTV does not place him in the classroom, and the FSL report discloses no DNA linkage. Without pre-judging credibility or the merits reserved for trial, these features at least create a prima facie doubt as to the Applicant’s involvement. A case for release on bail is therefore made out, subject to stringent conditions to safeguard the child and the integrity of the proceedings.

13. The nominal roll dated 24th June 2025 records that the Applicant has BAIL APPLN. 1481/2025 Page 8 of 10remained in custody for 1 year, 1 month and 23 days, and his jail conduct is noted to be satisfactory. The principal witnesses, including the child and her parents, have already been examined. The Applicant has no criminal antecedents and is a young man who supports his family. In these circumstances, with investigation concluded, charge sheet filed, and the key witnesses examined, continued incarceration risks straying into pre-trial punishment rather than serving the purposes of securing the proceedings. Liberty, once constrained, must be justified, not presumed.

14. In light of the foregoing discussion, the Applicant is directed to be released on bail on furnishing a personal bond for a sum of INR 25,000/- with one surety of the like amount, subject to the satisfaction of the Trial Court/Duty MM, on the following conditions:

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Harish vs State of NCT of Delhi Judgment Delhi High Court Bail order Pocso