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Sachin @ Naveen vs. State Govt of NCT of Delhi & Anr.

Bail Application · 2026:DHC:8258Decided 24 Sept 2026New Delhi Bench
BAIL APPLN. 4054/2026CNR: DLHC010459492026
Justice Girish Kathpalia

Background

The applicant was accused of raping a 10-year-old neighbouring girl after giving her an intoxicant-laced toffee, in a case registered under the POCSO Act and related BNS provisions. His earlier bail application before a coordinate bench had been withdrawn. He argued no injury was found on the medical exam, there were timeline contradictions between the MLC and FIR, and CCTV footage showed the child leaving with other children.

Decision Breakdown

The Court noted the child and her mother had, since the earlier withdrawal, been examined at trial and had fully supported the prosecution's version. Given the relationship of trust between the applicant and the child (he was a known neighbour whose house the children visited to watch TV), the gravity of the offence (punishable up to death or life imprisonment), and the fact that the defence could not explain why the child and mother would falsely implicate him, the Court declined to grant bail.

Lesson Learnt

In POCSO cases involving breach of trust with a child victim, bail is unlikely once the victim's testimony supporting the prosecution has been recorded at trial, even where some documentary inconsistencies are raised by the defence.

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