Delhi High Court Overturns Bail in Janakpuri School Assault Case

The Delhi High Court has annulled the bail previously granted to a school staff member accused of sexually assaulting a three-year-old girl at a Janakpuri school. Justice Vinod Kumar presided over the case, emphasizing that the trial court had overlooked crucial elements by granting bail just a week after the accused’s arrest, while the investigation was still ongoing.

Justice Kumar highlighted the premature nature of the bail decision, underscoring the importance of considering the child’s testimony. “The impugned order has missed the crux of the issue and the issue is as to why a minor child of three years of age would make such a complaint and would not only identify the respondent as the offender but also point out the place of occurrence,” stated the Judge. The court exercised its authority under Section 528 of the BNSS Act 2023 to revoke the bail, mandating the surrender of the accused by 2 PM on July 1.

According to the prosecution, the incident occurred on April 30, when the young girl, attending school for only the second time, returned home complaining of severe pain. She later informed her mother that an “elder boy” at the school had taken her to a basement room and assaulted her. The child subsequently identified the caretaker during the investigation, pinpointing the location of the alleged incident.

The trial court had previously granted bail to the accused, citing reasons such as the lack of visible injuries found in the medical examination, the accused’s departure from the school’s junior wing at 8:37 AM captured on CCTV, and the absence of necessity for custodial interrogation. However, the Delhi Police and the victim’s family contested this decision, bringing the matter to the High Court.

In reviewing the case, Justice Kumar acknowledged the general reluctance of higher courts to interfere with granted bail. Yet, he asserted that intervention was warranted when the trial court missed significant factors in a crime of such serious nature. “Therefore, in view of above discussions and in exercise of power under Section 528 of the BNSS Act 2023, the impugned order is set aside to secure ends of justice,” he affirmed.

Representing the Delhi Police, Additional Solicitor General SV Raju and advocate Aman Usman attended the proceedings, while Senior Advocate Sanjeev Sagar and advocate Sanjeet Kumar represented the accused. Advocates Rishikesh Kumar and Sheenu Priya advocated for the victim’s family.

This decision by the Delhi High Court underscores the judicial system’s commitment to ensuring justice, particularly in sensitive cases involving minors.