The Delhi High Court in a POCSO case has granted bail to a man on the ground that his DNA did not match the DNA of the unborn child of the victim.

A Single Bench of Justice Jasmeet Singh said, “In view of the above two facts i.e., the applicant not named in the statement under Section 164 Cr.P.C of the prosecutrix and the DNA of the unborn child of the prosecutrix not matching with the DNA of the applicant, I am inclined to allow the application. The fact whether sexual relationship on the pretext of marriage was established with the prosecutrix or in fact there was any sexual relations at all is a question of trial which will be determined once the parties enter into the witness box.”

The Bench directed that the accused be released on bail in relation to the FIR registered under Section 376 of the IPC and Sections 4 and 6 of the POCSO Act against him.

Advocate Nipun Katyal appeared on behalf of the petitioner/accused while APP Ajay Vikram Singh appeared on behalf of the respondent/State.

In this case, an application seeking the release of the accused on regular bail was filed before the court. As per the FIR, it was stated that the accused had a sexual relationship with the complainant/prosecutrix on the pretext of marriage.

It was further stated that as a result of a sexual relationship, the prosecutrix i.e., the victim became pregnant. The counsel for the accused submitted before the court that there was no allegation of any kind against the accused in the statement under Section 164 of Cr.PC. of the victim and that the FSL report showed that the DNA of the victim’s unborn child did not match with the DNA of the accused.

The High Court after hearing the contentions of the counsel noted, “In the present case, the applicant is in custody since 14.08.2022 and the custodial interrogation of the applicant is not required as the police after investigation has filed the charge-sheet and supplementary charge sheet has also been filed. The trial is also not likely to conclude in the near future and the continued incarceration of the applicant will not serve any purpose.”

The Court further observed that the apprehension of the State that the accused may flee from the course of justice or may influence the witnesses can be addressed by imposing stringent conditions upon him.

“The applicant shall furnish a personal bond in the sum of Rs. 10,000/- (Rupees Ten Thousand Only) with 01 surety in the like amount, to the satisfaction of the Trial Court”, also directed the Court.

Accordingly, the Court granted bail to the accused subject to some terms and conditions.

Cause Title- Kuldeep Kumar v. State of NCT

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