$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 4779/2025 GAGAN KUMAR ...Applicant Through: Mr. Omkar Sharma and Mr. Himanshu Sharma, Advs. versus STATE NCT OF DELHI & ANR. ...Respondents Through: Mr. Satish Kumar, APP for State with Ms. Upasana Bakshi, Divya Bakshi, Ms. Divya Bakshi and Mr. Ashok Kumar Shukla, Advs. Mr. Anuj Kapoor and Mr. Nandeesh Nanda, Advs. for complainant SI-Sunil, PS: Okhla Industrial Area CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 21.07.2026 1. By virtue of the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the applicant seeks grant of regular bail in proceedings arising out FIR No.805/2025 dated 19.09.2025 registered at PS: Okhla Industrial Area under Sections 74 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). 2. Succinctly put, as per prosecution, the FIR was registered at the instance of the 12-year-old prosecutrix as per whom the applicant, a resident of the same building as her, had sexually assaulted her twice by forcefully kissing and touching her on 15.06.2025 as well as 05.07.2025, though she could not inform about the same to her parents due to fear. The 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 11:24:52 FIR was registered after she informed her parents on 18.09.2025, and on 19.09.2025, the applicant was taken into judicial custody. 3. Though the matter was adjourned on the last date of hearing to await examination of the victim before the learned Trial Court, which is yet to take place, however, learned counsel for applicant seeks to proceed with his arguments. 4. Accordingly, this Court has heard learned counsels for the applicant and the complainant as also the learned APP and also perused the record. 5. Facts reveal that there is no dispute that the prosecutrix was merely 12 years old while the applicant was 20 years old at the alleged time of the incident, as also that the prosecutrix has all throughout, be it at the time of registration of the FIR or her subsequent statement to the learned Magistrate under Section 183 BNSS been always consistent all throughout. Today, the position is such that her statement before the learned Trial Court is yet to be recorded. Moreover, it is also an admitted position that the applicant is residing in the very same building as the prosecutrix. 6. Under such circumstances, there is every apprehension of the victim facing threats and/ or intimidation from the applicant if he is granted regular bail. It is also likely that he may tamper with the evidence, which can derail the proceedings before the learned Trial Court. 7. In view thereof, as contended by learned counsel for the applicant though there may be delay in registration of the present FIR, however, considering the offences, the age of the victim, particularly, whence this Court is dealing with the offences under the POCSO Act as also since the same is a matter of trial, the same does not cut much ice, at this stage 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 11:24:52 [State of Himachal Pradesh vs. Sanjay Kumar:(2017) 2 SCC 51]. 8. Therefore, taking a cumulative view of the aforesaid facts and circumstances, finding no case for granting regular bail to the applicant at this stage, the present application is dismissed. 9. Needless to say, expression of view(s) on the merits, if any, are solely for the purposes of adjudication of the present application and shall have no bearing on the overall case/ trial involved. SAURABH BANERJEE, J JULY 21, 2026/Ab 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 11:24:52