Delhi High Court cancels bail granted to school staff accused of raping 3-year-old girl in Janakpuri school

The Delhi High Court on Monday cancelled the bail granted to a man accused of sexually assaulting a three-year-old girl in a school in Janakpuri. 

Justice Vinod Kumar ruled that the trial court had overlooked crucial facts when it released the accused within a week of his arrest during the ongoing investigation.

The High Court said that since the case is still under investigation, it was too early in the day to release the accused on bail while ignoring the child victim’s version. 

“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... 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,” the Court observed. 

Therefore, it ordered the accused to surrender on July 1 at 2 PM. 

According to the prosecution, the incident took place on April 30 when the child, who had attended school for only the second time, complained of severe pain after returning home. She later told her mother that a "bada sa ladka" (elder boy) at school had taken her downstairs and inserted a finger into her private part. 

The girl subsequently identified the caretaker during the investigation and also identified the basement room where the alleged assault occurred.

The trial court granted bail to the accused after noting that CCTV footage showed the accused leaving the junior wing of the school around 8:37 AM, that the medical examination revealed no visible injuries, and that custodial interrogation was no longer required.

Delhi Police and the victim’s family challenged the bail order before the High Court. 

After considering the case, Justice Kumar observed that while a higher court should not normally interfere in a matter where bail had been granted, if the trial court has missed some extremely important factors in an offence of a grave nature, the High Court would be justified in cancelling the bail. 

“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,” the Court ordered. 

Additional Solicitor General SV Raju with advocate Aman Usman appeared for the Delhi Police. 

Senior Advocate Sanjeev Sagar with advocate Sanjeet Kumar represented the accused. 

Advocates Rishikesh Kumar and Sheenu Priya appeared for the victim’s family. 

[Read Judgment]