The Supreme Court on Friday, 17 July declined to stay the Delhi High Court's order cancelling bail granted to Kriti Sahni, a woman teacher accused in the alleged sexual assault of a three-year-old girl at a private school in Janakpuri, New Delhi. The apex court also directed the accused to surrender in accordance with the High Court's order and issued notice on her plea challenging the bail cancellation.

Supreme Court's Order

A Bench of Justices M.M. Sundresh and Prasanna B. Varale refused to grant interim relief to the accused and issued notice on her challenge to the bail cancellation. As per the Supreme Court's official case records, the matter is tentatively listed for hearing on 27 July.

What the Delhi High Court Had Ruled

Earlier in the week, a single-judge Bench of Justice Saurabh Banerjee of the Delhi High Court had set aside a trial court's 20 May order granting regular bail to Sahni. The case is registered at Janakpuri Police Station under Sections 64(2) and 3(5) of the Bharatiya Nyaya Sanhita (BNS) and Sections 6, 17 and 21 of the Protection of Children from Sexual Offences (POCSO) Act.

The High Court observed that in cases involving sexual offences against children, courts must give due weight to the 'grave physical, emotional, mental and psychological harm' suffered by victims, and that such matters warrant 'utmost care, attention and caution' — particularly when considering bail.

Why the Trial Court's Bail Was Set Aside

The Delhi High Court found that the trial court had erred on multiple counts. It noted that the trial court was aware that a three-year-old child 'cannot be expected to reveal all/each and every detail at the time of making the initial complaint', yet granted bail primarily because the victim had not named the teacher in the FIR — disclosing her role only later in a statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

The High Court stressed that the victim had subsequently identified the accused during video-recorded identification proceedings — a fact the trial court allegedly overlooked. It also cited the recovery of a blood-stained tissue paper and a piece of bedsheet during the investigation as crucial evidence that was not adequately weighed.

Justice Banerjee further noted that the accused had been teaching at the same school for 13 years and held a position of authority, raising the likelihood of witness influence or evidence tampering given that the investigation was still at a nascent stage. The High Court directed Sahni to surrender before the jurisdictional POCSO court within three days of its 15 July order.

Background: The Alleged Incident

According to the prosecution, the three-year-old victim had joined the nursery class at the private school in Janakpuri on 28 April. On 30 April, the child returned home complaining of severe pain and bleeding. She allegedly told her mother that a 'bada sa ladka' had taken her downstairs and assaulted her.

During the investigation, the child allegedly stated that a 'madam' had taken her to the basement, removed her clothes, cleaned the blood stains, and gave her sweets — before later identifying the accused teacher in video-recorded identification proceedings.

What Happens Next

With the Supreme Court declining interim relief, Sahni is required to surrender before the jurisdictional POCSO court. The apex court's notice to the prosecution sets up a formal hearing, tentatively scheduled for 27 July, where the legality of the High Court's bail cancellation will be examined in greater detail.