Delhi High Court – Orders
Sumit Kumar vs State (Govt Of Nct) Delhi on 13 July, 2026
Author: Prateek Jalan
Bench: Prateek Jalan
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 5011/2025
SUMIT KUMAR .....Petitioner
Through: Mr. Satyam Thareja, Advocate
from DHCLSC.
versus
STATE (GOVT OF NCT) DELHI .....Respondent
Through: Mr. Hitesh Vali, APP.
SI Pinki Dahiya.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 13.07.2026
1. By way of the present application under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 [“BNSS”], the applicant seeks
regular bail in connection with FIR No. 49/2023 dated 01.02.2023,
registered at Police Station Civil Lines, Delhi. The FIR was initially
registered under Section 363 of the Indian Penal Code, 1860 [“IPC“]. At
the stage of filing of the chargesheet, offences under Sections 376D and
506 of the IPC, as well as Section 6 of the Protection of Children from
Sexual Offences Act, 2012 [“POCSO Act“], were added.
2. I have heard Mr. Satyam Thareja, learned counsel for the applicant,
and Mr. Hitesh Vali, learned Additional Public Prosecutor for the State.
3. Notice in the present application was issued on 23.12.2025,
whereupon the Investigating Officer was directed to inform the
prosecutrix/her family. The Investigating Officer states that the
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prosecutrix has been duly informed. However, despite service, none
appears on behalf of the prosecutrix today.
4. The facts, as emerging from the material on record, are as follows:
a) The present FIR was registered on 01.02.2023 on the complaint of
the mother of the minor prosecutrix [then aged about 14 years 5
months], alleging that the prosecutrix had gone missing on
30.01.2023. While on her way to a relative’s home with her step-
father and sister, the prosecutrix asked to be dropped near Balmiki
Temple, Civil Lines, Delhi, on the pretext of purchasing momos.
As she neither reached the residence of her relative nor returned
home, it was suspected that she had been kidnapped.
b) The prosecutrix returned home on 04.02.2023. She later
experienced weakness, nausea and abdominal pain, which led her
to suspect that she had been sexually assaulted.
c) During the course of investigation, the prosecutrix was medically
examined at Aruna Asaf Ali Hospital vide Medico-Legal Case
[“MLC”] No. 20/2023 on 06.02.2023. In the medical history
recorded therein, she stated that she had voluntarily left home,
without informing her parents, to attend a party in Narela with her
friends and had remained there from 30.01.2023 to 04.02.2023
alongwith one “A”, and one “J”, and the present applicant. She
further stated that, during the said period, she had repeatedly
requested to return home but was asked to stay back.
d) The prosecutrix also stated that she experienced abdominal pain
upon waking every morning during the said period, and did not
recollect what had transpired during the night, owing to which she
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suspected that she had been sexually assaulted. The MLC further
records that her Urine Pregnancy Test [“UPT”] was negative and
that a Sexual Assault Forensic Examination kit [“SAFE kit”] was
prepared.
e) The prosecutrix was thereafter counselled and her statement under
Section 164 of the Code of Criminal Procedure, 1973 [“Cr.P.C.”]
was recorded before the learned Metropolitan Magistrate. She
reiterated the allegations made in the MLC, and further stated that
she had been in contact with “A” through Instagram and that the
present applicant was her friend. She was thereafter produced
before the Child Welfare Committee. Subsequently, her
supplementary statement under Section 161 Cr.P.C. was recorded,
and Sections 376D and 506 of the IPC and Section 6 of the POCSO
Act were added at the stage of filing of the chargesheet.
f) The prosecutrix thereafter accompanied the investigating agency to
identify the place of occurrence and pointed out Ramdev Chowk,
Narela, as the place from where “A” had allegedly picked her up.
However, she was unable to identify the exact place where the
alleged incident had occurred. Her age was subsequently verified
from the school records and she was found to be 14 years, 5
months and 7 days old on the date of the alleged incident.
g) During investigation, “A” was found to be in judicial custody in
another case, being FIR No. 331/2023 registered under Sections
380, 457 and 34 of the IPC at Police Station Narela, Delhi. Upon
verification of his date of birth, stated to be 26.04.2005, he was
found to be a juvenile in conflict with law and separate proceedings
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were initiated against him before the Juvenile Justice Board. In his
disclosure statement, “A” stated that he had attended the party only
to celebrate a birthday, and had thereafter left the premises,
claiming that he had no knowledge of the events that transpired
over the following three days.
h) The status report states that, despite repeated efforts, the present
applicant could not be apprehended and continued to evade arrest.
According to his family members, his mobile phone remained
switched off and they were unable to establish contact with him.
Consequently, Non-Bailable Warrants [“NBWs”] were issued
against him by the learned Sessions Court on 14.06.2023. During
this period, the investigating agency also obtained the Call Detail
Records of the applicant, which placed him in Narela between
31.01.2023 and 04.02.2023, i.e. during the period of the alleged
incident.
i) The applicant ultimately surrendered before the learned Trial Court
on 23.06.2023, whereafter he was arrested and interrogated. During
police custody, he allegedly disclosed that he had repeatedly
committed rape upon the prosecutrix at his grandfather’s flat
during his grandfather’s absence. During his one-day police
remand, he also pointed out the place of occurrence.
j) The garments of the prosecutrix and the blood samples of the
applicant and “A” were thereafter sent for forensic examination. As
per the Forensic Science Laboratory [“FSL”] report, DNA
recovered from a semen stain on the pants of the prosecutrix
matched the DNA from a blood sample of the present applicant,
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whereas no such match was found with “A”. The conclusion
recorded in the FSL Report is as follows:
“CONCLUSION:-
DNA profile (STR) analysis were performed on the exhibits ‘2a’ of
the case SFSL/DLH/5393/BIO/BIO/1243/23 and ‘A’ & ‘B’ of the
case SFSL/DLH/5393/BIO/1243/23(FM) were sufficient to conclude
that:-
1.) DNA profile generated from the source of exhibit ‘A’
(Blood sample of Sumit) of case
SFSL/DLH/5393/BIO/1243/23(FM) is found to be
matching with the DNA profile generated from the source
of exhibit ‘2a’ (Pant) of case
SFSL/DLH/5393/BIO/1243/23.
2.) DNA profile generated from the source of exhibit ‘B’ (Blood
sample of “A”) of the case
SFSL/DLH/5393/BIO/1243/23(FM) is found to be not
matching with the DNA profile generated from the source of
exhibit ‘2a’ (Pant) of case SFSL/DLH/5393/BIO/1243/23.”1
5. Mr. Thareja’s principal submission is that the statements of the
prosecutrix contain only vague allegations and do not specifically
implicate the applicant. According to him, whether her testimony
ultimately satisfies the ingredients of the offence punishable under
Section 6 of the POCSO Act is an issue that can only be determined upon
appreciation of evidence during trial. He further submits that the
prosecutrix had, in fact, voluntarily accompanied “A” to a flat in Narela,
where the applicant was present. In the meanwhile, the applicant has been
in custody for over three years, and only 6 out of 21 witnesses have been
examined.
6. Mr. Vali submits that charges have been framed by the learned
Trial Court on 06.01.2024, including under Section 6 of the POCSO Act.
He further submits that, as per the FSL report, semen was detected on the
1
Emphasis supplied.
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prosecutrix’s pants, and the DNA profile generated therefrom matched
the DNA profile of the blood sample of the applicant. He also submits
that prosecution has examined the prosecutrix, but the examination of her
parents is presently underway.
7. In rejoinder, Mr. Thareja submits that, insofar as the evidentiary
value of the FSL report is concerned, the forensic expert has not yet been
examined before the learned Trial Court, and the contents thereof are a
matter of trial.
8. Having heard learned counsel for the parties and perused the
material placed on record, I am of the view that the applicant has failed to
make out a case for grant of regular bail at this stage.
9. The allegations against the applicant are of a grave nature,
involving the kidnapping and repeated sexual assault of a minor. The
material on record prima facie indicates that the prosecutrix was
approximately 14 years and 5 months of age at the time of the alleged
incident, and therefore, any purported consent on her part is of no legal
consequence under the POCSO Act. The applicant, on the other hand,
was a major, about 22 years of age. There was thus a significant age
difference between the two.
10. At this stage, the submission that the forensic expert has not yet
been examined does not, by itself, warrant any comment on the
evidentiary value of the FSL report. While considering an application for
bail, this Court is not required to undertake a meticulous appreciation of
the evidence or return findings on disputed questions bearing upon the
guilt or innocence of the applicant. At this stage, the material presently
available, including the FSL report indicating a DNA match between the
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semen detected on the prosecutrix’s pants and the blood sample of the
applicant, constitutes a relevant prima facie circumstance which cannot
be ignored.
11. With regard to the contention that the testimony of the prosecutrix
does not specifically describe the acts allegedly committed by the
applicant, Mr. Thareja drew my attention to the statement of the
prosecutrix, in which she stated that she had fallen asleep after having a
meal and, upon waking the following morning, experienced stomach pain
and felt as though someone was doing something to her stomach and
chest. However, in my view, the appreciation of evidence and the weight
to be attached thereto, are matters to be adjudicated during the course of
trial, and the Court ought not to conduct a mini-trial at this stage.
Reference in this connection may be made to the decision of the Supreme
Court recently in State of U.P. v. Anurudh2.
12. The age of the prosecutrix at the time of the incident, and the age
gap between the prosecutrix and the applicant are both relevant factors to
be considered in terms of the judgment of this Court in Dharmander
Singh v. State (NCT of Delhi)3. The parents of the prosecutrix have also
not been examined in full. On all these counts, the present case is not an
appropriate one for grant of bail to an accused under POCSO Act.
13. Equally significant is the conduct of the applicant during the course
of proceedings. The status report indicates that despite repeated efforts,
the investigating agency was unable to apprehend him, as he continued to
evade arrest, resulting in the issuance of NBWs against him on
2
2026 SCC OnLine SC 40.
3
2020 SCC OnLine Del 1267.
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14.06.2023. He ultimately surrendered before the learned Trial Court only
on 23.06.2023. In these circumstances, the apprehension that the
applicant may evade the process of law, thereby frustrating the conduct of
the trial, cannot be said to be unfounded, and the possibility of his
absconding cannot be lightly disregarded.
14. In view of the aforesaid, this Court is not satisfied that the
applicant has made out a case warranting the concession of regular bail.
15. However, considering the period of custody already undergone by
the applicant, the applicant shall be at liberty to make an appropriate
request for expedition of proceedings before the learned Trial Court. If
such a request is made, the learned Trial Court may consider the same in
accordance with its own Board and the age of the matters pending before
it.
16. The present bail application, alongwith pending applications, is
accordingly, dismissed with the aforesaid liberty.
17. It is clarified that this Court has not expressed any opinion on the
merits of the case or on any application that may be filed by the applicant
hereafter, which shall be considered by the appropriate Court on its own
merits, in accordance with law.
PRATEEK JALAN, J
JULY 13, 2026
SS/SD/
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