[Cites 2, Cited by 0]
Delhi High Court
Yogesh@Monu@Harvinder vs The State Govt. Of Nct Of Delhi on 19 January, 2026
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 19.01.2026
+ BAIL APPLN. 4415/2025 & CRL.M.A. 34133/2025
YOGESH@MONU@HARVINDER .....Petitioner
Through: Mr. Jaiveer, Mr. Irshad, Mr. Umesh
and Mr. Manish, Advocates.
versus
THE STATE GOVT. OF NCT OF DELHI .....Respondent
Through: Mr. Sanjeev Sabharwal, APP for State
with Inspector Umesh Yadav, PS
Special Staff, South District and SI
Dharm Singh, PS Maidan Garhi.
Parents of the prosecutrix in person.
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks interim bail in case FIR No.201/2021 of
PS Maidan Garhi for offence under Section 376 IPC & 9/10/6/21 of POCSO
Act. The purpose of seeking interim bail is so that the accused/applicant may
try for ensuring progeny with his wife. According to the prosecution case,
the minor girl allegedly raped by the accused/applicant also gave birth to a
child, whose paternity was allegedly established on the basis of DNA
analysis. The prosecutrix as well as the said child are stated to have now
passed away.
BAIL APPLICATION 4415/2025 Page 1 of 2 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4
835d435f97626cacca, ou=HIGH COURT OF DELHI,CID -
KATHPALIA
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd
2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA
2. Learned counsel for accused/applicant submits that the accused/
applicant was earlier also released on interim bail on two occasions and he
duly surrendered, so he deserves another interim relief in the same manner.
3. Learned APP, on instructions of IO/Inspector Umesh Yadav, submits
that the prosecutrix as well as her child born after her sexual encounter with
the accused/applicant have passed away. The parents of the prosecutrix also
have appeared and they strongly oppose this interim bail application.
4. According to the prosecution case, the accused/applicant, aged about
25 years allegedly committed forcible penetrative assault on the victim, aged
about 13 years and the DNA analysis found the accused/applicant to be the
biological father of the child borne by the victim.
5. In the overall facts and circumstances of this case and the nature of
offence as well as the ground for which the interim bail is sought, I do not
find it a fit case to allow interim bail. The interim bail application as well as
pending application are dismissed.
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4556
9af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155709
96b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.01.19 18:16:46 -08'00'
GIRISH KATHPALIA
(JUDGE)
JANUARY 19, 2026/dr
BAIL APPLICATION 4415/2025 Page 2 of 2 pages
