[Cites 4, Cited by 0]
Delhi High Court
Inderjeet vs State Govt Of Nct Of Delhi on 29 January, 2026
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 29.01.2026
+ BAIL APPLN. 376/2026 & CRL.M.A. 2900/2026
INDERJEET .....Petitioner
Through: Ms. Vanshika Gupta, proxy counsel
versus
STATE GOVT OF NCT OF DELHI .....Respondent
Through: Mr. Nawal Kishore Jha, APP for State
with SI Sonia Rathi, PS Kanjhawala
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks regular bail in case FIR No. 218/2023 of
PS Kanjhawala for offence under Section 363/366/376 IPC & 6/21 POCSO
Act.
2. I have heard learned proxy counsel for accused/applicant and learned
APP for State assisted by SI Sonia Rathi.
3. Broadly speaking, the prosecution case, as culled out of FIR is that the
prosecutrix was repeatedly raped by her father and thereafter, she developed
friendship with her neighbour who is the present accused/applicant. In her
FIR itself, the prosecutrix stated that she fell in love with the
BAIL APPLN. 376/2026 Page 1 of 3 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,
570996b40f80cbd2eee60402c487965ff801
e26fa, cn=GIRISH KATHPALIA
Date: 2026.01.29 18:02:51 -08'00'
Digitally Signed
By:NEETU N NAIR
Signing Date:29.01.2026
18:05:12
accused/applicant and got married with him, but even after her marriage, her
parents used to call her home and there her father used to forcibly establish
sexual relations with her. When the prosecutrix shared all this with the
accused/applicant, he called police, after which the matter was also referred
to the Women's Commission. On the basis of these allegations, FIR was
registered and investigation commenced, in the course whereof
supplementary statement of the prosecutrix was recorded. In the said
supplementary statement, the prosecutrix alleged rape against the
accused/applicant, but subsequently, she clarified that she had alleged rape
against the accused/applicant under pressure of her mother.
4. Learned proxy counsel for accused/applicant contends that the
accused/applicant has been falsely implicated in this case only because of
his love affair with the prosecutrix and their marriage, which was not
approved of by her parents. It is further contended that the
accused/applicant got married with the prosecutrix much prior to even
registration of the FIR. Learned proxy counsel for accused/applicant also
submits that father of the prosecutrix, rape allegations against whom
commenced the investigation, is one of the accused but has been released on
bail. It is also submitted that during her testimony in trial, the prosecutrix
has not supported prosecution case.
5. Learned APP for State on instructions of the IO submits that in view
of peculiar circumstances of this case, prosecution cannot justify flip-flop of
the prosecutrix, so there is no serious objection.
BAIL APPLN. 376/2026 Page 2 of 3 pages
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afec
45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1
5570996b40f80cbd2eee60402c487965ff80
1e26fa, cn=GIRISH KATHPALIA
Date: 2026.01.29 18:02:37 -08'00'
Digitally Signed
By:NEETU N NAIR
Signing Date:29.01.2026
18:05:12
6. Keeping in mind that much before registration of the FIR, the
accused/applicant got married with the prosecutrix; that on coming to know
about her sexual abuse by her father, it is the accused/applicant who ignited
the criminal justice machinery; that father of the prosecutrix has already
been released on bail; and that the above described different statements of
the prosecutrix, last of which is her chief examination before the trial court,
not supporting the prosecution, I do not find any reason to further deprive
the accused/applicant liberty.
7. Therefore, the bail application is allowed and accused/applicant is
directed to be released on bail subject to his furnishing a personal bond in
the sum of Rs.10,000/- with one surety in the like amount to the satisfaction
of the Trial Court. Pending application also stands disposed of.
8. A copy of this order be immediately transmitted to the concerned Jail
Superintendent for informing the accused/applicant.
9. Of course, nothing observed in this order shall be read to the prejudice
of either side at the final stage of the trial.
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4a
fec45569af3962c6fb4835d435f97626cac
ca, ou=HIGH COURT OF DELHI,CID -
KATHPALIA
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5
d15570996b40f80cbd2eee60402c48796
5ff801e26fa, cn=GIRISH KATHPALIA
Date: 2026.01.29 18:02:23 -08'00'
GIRISH KATHPALIA
(JUDGE)
JANUARY 29, 2026/as
BAIL APPLN. 376/2026 Page 3 of 3 pages
