New Delhi [India], October 3 : Delhi's Tis Hazari court recently granted bail to an accused in a case lodged under POCSO after noting that the blood samples collected got degraded in Forensic Science Laboratory (FSL) and forensic report will take time to come. The Court also noted that the minor victim is also missing.
The court found force in the submissions that bail cannot be denied for an indefinite period on the ground that the victim is not present to oppose the bail. This case pertains to an FIR lodged at Police Station Ranhola.
Additional Sessions Judge (ASJ) Ankit Mehta granted bail to accused Sunil Kumar who was in custody since April 21. The charge sheet has been filed, but charges are not yet framed due to absence of forensic report.
"Since, blood samples of victim, accused and suspect have degraded and the collection of fresh blood samples and their corresponding forensic reports will take some time, thus, there is no reason for this Court to keep accused Sunil Kumar behind bars all this while," ASJ Ankit Mehta said in the bail order of September 23.
This Court finds that charge-sheet in the present matter was filed on June 6, 2025 and till now, charge has also not been framed for lack of requisite FSL report. The court noted that on June 6, charge-sheet was filed in the present matter and accused Sunil Kumar was named as accused and father of victim, namely 'S' was named as suspect in the charge-sheet.
Since the victim had become pregnant thus, her exhibits/foetus, as also the blood sample of accused Sunil Kumar and blood sample of father of victim was sent for examination to the forensic lab. The court also noted that the victim had initially alleged that her father had raped her. Subsequently she alleged that she changed her statement.
Despite notice, victim did not appear before the court. Though her mother appeared alongwith her cousnsel. She informed the court that victim is missing since August 11, 2025 and a separate FIR has been lodged in this regard. Her fresh blood samples could not be collected.
Advocate Tarun Narang, Counsel for accused, referred to judgement of Jammu and Kashmir High court order of argued that it had observed that in case Investigating Agency is not able to produce the victim, the same shall not imply that the bail application will be deferred for an indefinite period of time.
It was further argued that the accused is a young boy of around 21 years of age and he has been behind bars since 2I.04.2025 and even charges has also not been framed.
The contents of FIR reveal that it was a love-affair matter and that even in the statement of victim recorded under Section 164 Cr.P.C., there is no allegation that the accused had committed rape/penetrative sexual assault upon the victim and at best, it is a case of consensual sexual relations, counsel argued.
On the other hand, Special Public Prosecutor (SPP) opposed the bail application of accused on the ground that consent of a minor is no consent in the eyes of law.