New Delhi

The Delhi High Court on Monday issued notice to a school caretaker accused of sexually assaulting a three-year-old nursery student after the Delhi Police challenged the bail granted to him in the case involving allegations under the Protection of Children from Sexual Offences (POCSO) Act.

Justice Saurabh Banerjee sought the response of the accused on the plea moved by Delhi Police seeking cancellation of bail granted by a Dwarka court and listed the matter for further hearing on May 29.

The petition filed by the State seeks the setting aside of the May 7 bail order passed in favour of Lalit Kumar, who is accused in FIR registered at PS Janakpuri under Section 64(1) of the Bharatiya Nyaya Sanhita and Section 6 of the POCSO Act.

According to the prosecution, the alleged incident surfaced on May 1, 2026, after the child's mother approached the police alleging that her daughter had been sexually assaulted during school hours inside a private school in Janakpuri.

The child, who had reportedly attended school only for the second time, allegedly complained of pain and discomfort after returning home and later identified the school caretaker as the person responsible for the assault.

Delhi Police thereafter registered an FIR and arrested the accused. However, the trial court granted him regular bail within days of his arrest.

Appearing for the Delhi Police, Additional Solicitor General SV Raju strongly opposed the grant of bail and urged the High Court to interfere, submitting that the allegations concern a grave offence under the POCSO Act carrying a minimum sentence of 20 years, extendable to imprisonment for life.

Raju informed the Court that the child victim had identified the accused during the course of the investigation and argued that the trial court failed to properly appreciate the seriousness of the allegations and the material collected by the investigating agency.

Calling the allegations extremely serious, the ASG submitted before the Bench, "This is a gross case. It is absolutely fit for the cancellation of bail."

Advocate Rishikesh Kumar, appearing for the victim's family, informed the Court that the family has also independently filed a petition seeking cancellation of the accused's bail, which is likely to be listed shortly.

He further submitted that another accused in the case, a teacher employed at the same school, has also been arrested by the police, and her bail plea is likely to come up before the trial court in the coming days.

According to the State's petition, CCTV footage from a functional portable camera allegedly showed the accused moving towards the school passage between 8:13 AM and 8:15 AM and returning around 8:37 AM on the date of the incident. The prosecution has argued that the trial court wrongly treated this circumstance as favouring the accused despite the alleged offence having occurred during the same period.

The State has also contended that nearly 64 CCTV cameras installed in the school premises were found non-functional and that the DVR has been seized for forensic examination.

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The petition further alleges that the investigation remains at a crucial stage, with forensic reports still awaited, and raises apprehensions that the accused may influence school staff and witnesses due to his long association with the institution.

Taking note of the submissions advanced by the prosecution and the victim's counsel, the High Court directed the accused to file his reply within ten days and listed the matter for hearing on May 29.