BAIL APPLN. 200/2025 $~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 200/2025 & CRL.M.A. 1397/2025 (disposed of) MIRZANOOR .....Petitioner Through: Mr. K.S. Chaudhary, Advocate. versus THE STATE (NCT OF DELHI) .....Respondent Through: Mr. Ajay Vikram Singh, APP for the State. Mr. Harsh Prabhakar (DHCLSC) with Mr. Dhruv Chaudhry and Mr. Adeeb Ahmad, Advocates for survivour. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 11.02.2025 1. This hearing has been done through hybrid mode. 2. The present application under Section 482 read with Section 528 of the BNSS seeks anticipatory bail in case FIR No.492/2024, under Sections 74/75/78/351(2) of the BNS and Sections 8/12 of the POCSO Act, registered at P.S. Neb Sarai. 3. The case of the prosecution is that on 18.12.2024, a PCR call vide DD No. 79A was received at P.S. Neb Sarai from the injured father ‘K’ of the survivour ‘A’. He was admitted at AIIMS Trauma Centre. As per the Investigating Officer, after his discharge from hospital on 19.12.2024, the injured father ‘K’ and the survivor ‘A’, aged 13 years, joined the enquiry where the survivour alleged about the sexual harassment and threats extended by the present applicant. It is alleged by the survivour that the applicant was living in the same building on rent and he used to try to talk to her and she ignored him. Thereafter, she was being stalked by him for the past two 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 17/02/2025 at 17:21:48 BAIL APPLN. 200/2025 months. It was further alleged that she shared this information with her father and on 18.12.2024 and thereafter her father ‘K’ went to the house of the present applicant alongwith his brother ‘R’ where heated arguments had taken place and the brothers of the present applicant had beaten the father of the survivour badly, who was then medically examined at AIIMS Trauma Centre. 4. On the last date of hearing, the survivour appeared alongwith the Investigating Officer and made a statement in the Court that she had given the complaint under pressure from her father. Learned APP for the State, on instructions from the Investigating Officer, submits that further statement of the survivour has been recorded under Section 183 of the BNSS (Section 164 of the Cr.P.C.), wherein she has made serious allegations against her father ‘K’ with regard to the sexual harassment and in pursuance of which FIR No. 110/2025, under Sections 74/75/115(2)/131 of the BNS and Section 10 of the POCSO Act has been registered at P.S. Neb Sarai and her father ‘K’ has since been arrested and has been in judicial custody. It is pointed out that in her statement under Section 183 of the BNSS, the survivour has exonerated the present applicant and had in fact stated that she used to confide in the present applicant with regard to the atmosphere in her house, which was objected to by her uncle (chacha) and her father ‘K’. It is further stated in the statement that it was on account of the said issue that the heated arguments and fight had taken place between the applicant’s brothers and father of the survivour. The survivour has categorically stated that it was her father who had pressurised her to file the present complaint. 5. In these circumstances, the present application is allowed. In the event of arrest, the applicant is directed to be released on bail on his furnishing personal bond of Rs. 10,000/- with one surety of like amount to 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 17/02/2025 at 17:21:48 BAIL APPLN. 200/2025 satisfaction of the Investigating Officer/Arresting Officer, further subject to following conditions: i. The applicant shall not leave the country without prior permission of the learned Trial Court. ii. The applicant shall intimate the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change in residential address. iii. The applicant shall appear before the learned Trial Court as and when the matter is taken up for hearing. iv. The applicant shall join investigation as and when called by the Investigating Officer concerned. v. The applicant will not try to influence the witnesses in any manner. vi. The applicant shall provide his mobile number to the Investigating Officer and intimate about any change. 6. The application is allowed and disposed of accordingly. 7. Pending application(s), if any, also stands disposed of. 8. Needless to state, nothing mentioned hereinabove is an opinion on the merits of the case and any observations made are only for the purpose of the present bail application. 9. Order be uploaded on the website of this court forthwith. AMIT SHARMA, J FEBRUARY 11, 2025/sn/Pc Click here to check corrigendum, if any 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 17/02/2025 at 17:21:48