Delhi HC Denies Bail To Man Accused Of Sexual Exploitation Beginning When Complainant Was 13, As Her Evidence Continues

The petitioner sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in an FIR registered under Section 376 of the Indian Penal Code, 1860, and Section 10 of the Protection of Children from Sexual Offences Act, 2012.

The complainant alleged that the petitioner had sexually exploited her from 2016 to 2025, including when she was 13, and had threatened her.

The investigation resulted in a chargesheet, and the Sessions Case was at the prosecution-evidence stage, with the complainant’s examination still in progress.

The petitioner relied on completion of the investigation, the documentary and electronic nature of the evidence, and his compliance with interim-bail conditions.

His earlier regular-bail application had been dismissed by the Sessions Court.

Section 483 BNSS empowers the High Court to grant bail.

The allegations were charged under Section 376 IPC and Section 10 POCSO Act, with the chargesheet also referring to Section 506 IPC.

Relying on X v. State of Rajasthan, 2024 SCC OnLine SC 3539, the Court noted that courts should ordinarily be reluctant to entertain bail applications in serious offences once trial has commenced and prosecution witnesses are being examined; release may be justified where trial delay, not attributable to the accused, infringes the right to a speedy trial.

The Court also referred to Neeru Yadav v. State of U.P., (2016) 15 SCC 422, for the principle that individual liberty must be balanced against the interests of society and that bail discretion must be exercised judicially.

The Court considered the petitioner’s submissions that the investigation was complete, the evidence was documentary or electronic, and he had complied with interim-bail conditions.

However, it gave weight to the grave nature of the allegations, including the complainant’s age at the time of the first alleged incident, and the fact that her evidence was still being recorded.

Applying the caution stated in X v. State of Rajasthan, the Court was not persuaded to grant bail while the prosecution evidence remained in progress; the next trial date was 10 December 2026.

It clarified that its observations were prima facie and would not affect the determination of the petitioner’s guilt or innocence at trial.