SURESH KUMAR KAIT,J. - (1.)The present petition has been preferred by the petitioner seeking bail in FIR No. 134/2021, under Sections 323/341/354 IPC & Section 8 of Prevention of Children from Sexual Offence Act, 2012 ('POCSO Act'), registered at police station Prem Nagar, Delhi.
(2.)Mr. Govinda Ramanan, learned counsel appearing for petitioner submitted that the petitioner has been falsely implicated in this case and was arrested from his house on 05.03.2021 without any cause and reason and since then he is in judicial custody. Further submitted that a bare perusal of FIR itself reveals that petitioner has been taken into custody by the Police solely on the figment of imagination of the complainant and neither it is the case of complainant nor of the prosecution that petitioner had tried to touch private parts of prosecutrix or any body part with a sexual intent. Learned counsel next submitted that there is no evidence whatsoever to prove, that the petitioner had committed sexual assault on the complainant much less any other offences punishable under the India Penal Code (IPC).
(3.)Learned counsel further submitted that the learned Sessions Judge while passing impugned order dated 31.03.2021 has completely ignored the law laid down by the Hon'ble Supreme Court in various judgments that mere non-filing of charge sheet cannot be a ground for rejection of the bail, especially when no evidence has been brought on record to keep the accused behind bars.