$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3365/2025 & CRL.M.A. 26260/2025 AHMED HUSSAIN .....Petitioner Through: Mr. Baban Kumar Sharma & Mr. Shahroz, Advs. versus THE STATE OF GOVT NCT OF DELHI .....Respondent Through: Ms. Shubhi Gupta, APP. W/ SI Shakuntala. CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 24.07.2026 1. This application has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) read with Section 439 of Code of Criminal Procedure, 1973 (Cr.P.C.) seeking regular bail in connection with FIR No.207/2024 for the offence punishable under Section 6 of the Protection of Children from Sexual Offence Act, 2012 (POCSO Act) registered at Police Station Shaheen Bagh, Delhi. 2. It is contended by learned counsel appearing for the applicant that he is innocent and he has been falsely implicated in the present case. He has no past criminal antecedents. According to him, the material witnesses, PW-1 (victim) and PW-2 (the mother of the victim) have already been examined. They both have turned hostile. 3. The evidence of the victim would uninterruptedly indicate that 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 25/07/2026 at 11:24:24 nothing has been alleged against the present applicant. It is, thus, submitted that considering the applicant has almost suffered two years’ incarceration, he be released on regular bail. 4. These submissions are opposed by learned APP for the State. None appears on behalf of the victim and his family. 5. Learned APP submits that in the initial statements under Sections 161 and 164 of the Cr.P.C., the victim and his mother have supported the prosecution version. She, however, submits that the testimony of the victim and the mother will have to be considered during the course of trial. The MLC also notes that there are some injuries sustained by the victim at his private part. 6. The Court has considered the submissions made by learned counsel for the parties and also perused the record. 7. The applicant seems to be a teacher of the victim in a Madrasa. It remains undisputed that the victim and his mother both have turned hostile. The learned Trial Court while rejecting the bail application, was of the view that there are some material witnesses who remain to be examined, the FSL was also abated. Thus, giving importance to the gravity of the offence in question, bail was rejected by the learned trial court. 8. It be noted that if the evidence of the PW-1 is examined in the right prospective, it would indicate that he denied any sexual assault as alleged by the prosecution. He stated that he sustained injuries as he fell down. The extraction of his evidence without oath is reproduced as under: “I live with my parents and my younger brother at the address mentioned on the record. Q. Kya aap accused Ahmad Hussain ko jante ho? Ans. Haan vo mere Hafizji hain. (Teacher in Madrasa). 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 25/07/2026 at 11:24:24 Q. Apske saath kya hua tha? Ans. Main Madrasa mein tha aur gir gaya tha. Mujhe chat lag gayi thi. Q. Aapko kahan chot lagi thi? Ans. Mujhe peeche chat lagi thi (the child witness has pointed towards his hips).” 9. There is hardly anything contained in the FSL report which could turn and outweigh the weight of the testimony of PW-1. 10. It be emphasised that out of the 25 prosecution witnesses, only three witnesses have been examined and the trial will take substantial time. 11. Bearing in mind the overall facts and circumstances of the case and the long incarceration of the applicant and his clean antecedents, the Court finds that he is entitled for regular bail on such conditions as may be imposed by the learned Trial Court. 12. The application stands disposed of. Pending application also stands disposed of. PURUSHAINDRA KUMAR KAURAV, J JULY 24, 2026 ab/sa 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 25/07/2026 at 11:24:24