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Delhi High Court
Ashraf vs State Of Nct Of Delhi And Anr on 6 February, 2026
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 06.02.2026
+ BAIL APPLN. 543/2026 & CRL.M.(BAIL) 261/2026
ASHRAF .....Petitioner
Through: Mr. Harshith Pottangi and Mr. Priyam
Kaushik, Advocates
versus
STATE OF NCT OF DELHI AND ANR. .....Respondents
Through: Mr. Sanjeev Sabharwal, APP for State
with SI Reena and SI Ekta, PS
Dwarka
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks regular bail in case FIR No. 125/2023 of
Police Station Dwarka, Sector-23 for offence under Section 323/341 IPC &
Section 6/10 POCSO Act.
2. Broadly speaking, allegation against the accused/applicant is as
follows. The FIR was registered on the statement of mother of the child
victim. According to the version given by two children of the first
informant, the accused/applicant used to forcibly take both children to his
BAIL APPLN. 543/2026 Page 1 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45
569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
0996b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.02.06 17:50:37 -08'00'
Digitally Signed
By:NEETU N NAIR
Signing Date:06.02.2026
17:52:26
home while they would be going for tuition. Once at his home, the
accused/applicant used to carry the female child in his lap and used to force
the male child to give him oral sex. After the act, the accused/applicant used
to give them at times Rs.4-5/- and threatened them not to disclose it to
anyone.
3. Learned counsel for accused/applicant refers to the testimony of PW4,
the first informant, who has not supported the prosecution case in her chief
examination. It is contended that on account of the first informant having
turned hostile, the accused/applicant deserves bail. It is also argued that the
prosecution did not prepare and place on record the site plan of the house
where the alleged offence was committed. Further, learned counsel for
accused/applicant also seeks bail on medical grounds of the
accused/applicant.
4. On the other hand, learned APP for State assisted by IO/SI Reena
strongly opposes the bail application, disclosing that learned counsel for
accused/applicant has concealed testimony of both children of the first
informant. It is contended that both children have completely supported the
prosecution case. Learned APP for State has also shown me copy of the
testimony of children of the first informant in mobile phone of the IO. As
regards medical grounds, learned APP for State refers to the medical status
report Annexure A4 and submits that it is only an ordinary cough and cold
with which the accused/applicant is suffering.
BAIL APPLN. 543/2026 Page 2 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45
569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557
0996b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.02.06 17:50:28 -08'00'
Digitally Signed
By:NEETU N NAIR
Signing Date:06.02.2026
17:52:26
5. So far as the medical ground is concerned, according to the medical
status report Annexure A4, general condition of the accused/applicant is
stable and he is being provided with all medical support. According to the
said report, the ailment suffered by the accused/applicant is only a cough for
which he is being provided expectorant. Further, according to the said
report, there is no fever or shortness of breath and all vitals are within
normal limits.
6. Coming to the testimony of the first informant, who turned hostile to
prosecution case, it has to be examined in the light of testimonies of the both
children, who have testified facts regarding the sexual abuse suffered by
them at the hands of the accused/applicant. There was no justified reason for
the accused/applicant to conceal testimonies of both children from this
Court.
7. Going a step deeper, the first informant got the FIR registered on the
basis of, as is obvious in law, her signed statement, but in the witness box
she turned hostile to her own statement. Learned APP for State submits that
the State would immediately register FIR against the first informant in
accordance with law for her hostile testimony even in such heinous crime.
8. Considering the overall circumstances as mentioned above, I do not
find it a fit case to release the accused/applicant on bail. The bail application
alongwith pending application is dismissed.
BAIL APPLN. 543/2026 Page 3 of 4 pages
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afec
45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15
570996b40f80cbd2eee60402c487965ff801
e26fa, cn=GIRISH KATHPALIA
Digitally Signed Date: 2026.02.06 17:50:18 -08'00'
By:NEETU N NAIR
Signing Date:06.02.2026
17:52:26
9. Copy of this order be sent to the concerned Jail Superintendent for
being conveyed to the accused/applicant immediately.
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afe
c45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1
5570996b40f80cbd2eee60402c487965ff8
01e26fa, cn=GIRISH KATHPALIA
Date: 2026.02.06 17:50:05 -08'00'
GIRISH KATHPALIA
(JUDGE)
FEBRUARY 06, 2026/as
BAIL APPLN. 543/2026 Page 4 of 4 pages
