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Delhi High Court
Wasim Akhtar vs State (Gnct Of Delhi) on 20 March, 2026
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 20.03.2026
+ BAIL APPLN. 815/2026 & CRL.M.A. 6238/2026
WASIM AKHTAR .....Petitioner
Through: Mr. Vijayant Sharma, and Mr.
Nishant Kumar Saxena, Advocates
versus
STATE (GNCT OF DELHI) .....Respondent
Through: Mr. Sanjeev Sabharwal, APP for State
with SI Neha
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks regular bail in case FIR No. 53/2025 of
PS Karawal Nagar for offence under Section 64(1)/137(2) BNS and 4
POCSO Act.
2. Broadly speaking, the FIR was registered on the statement of 17 year
old prosecutrix, narrating the alleged incident as follows. The prosecutrix
was living with her mother and two brothers as her father passed away four
years back and she knew the accused/applicant for past one year as they
used to speak over telephone. On 14.02.2025, the accused/applicant called
her to the house of a lady under some pretext. Once the prosecutrix reached
BAIL APPLICATION 815/2026 Page 1 of 3 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d4
35f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2eee60
Date: 2026.03.20 17:42:28 -07'00'
there, the accused/applicant filled parting of her hair with vermilion and
kissed her. Thereafter, despite her protests the accused/applicant established
sexual relations with her. On reaching home, her brother called police after
which her medical examination was carried out.
3. Learned counsel for accused/applicant contends that the prosecutrix
was aged above 18 years and indulged in sexual relations with her consent.
It is also contended by learned counsel for accused/applicant that the day of
the alleged incident was a special day being Valentine Day.
4. Learned APP for State assisted by IO/SI Neha strongly opposes the
bail application, contending that the prosecutrix as well as her brother have
supported prosecution in the course of their testimony recorded during trial.
The prosecutrix herself has appeared today to oppose the bail application,
though she has now got married with someone else. Learned APP for State
has also shown me a copy of the certificate issued by the MCD School
where the prosecutrix was studying and according to the same, date of birth
of the prosecutrix was 14.01.2008. Learned APP for State, on instructions
of IO, also submits that even the DNA of the accused/applicant was detected
in the vaginal swab of the prosecutrix.
5. Merely because, a girl is friendly with a boy and the day is Valentine
Day, it does not give licence to the boy to forcibly establish sexual relations
with her. Even filling the hair parting of the girl with vermilion without her
consent cannot be justified, though it is not a prescribed offence.
BAIL APPLICATION 815/2026 Page 2 of 3 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d435
f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2eee604
02c487965ff801e26fa, cn=GIRISH KATHPALIA
6. The stand taken by the prosecutrix in lodging the FIR and supporting
prosecution case in her testimony during trial followed by her presence even
today to oppose the bail application clearly shows that the alleged incident
was against her consent.
7. Considering the above circumstances, I do not find it a fit case to
grant bail to the accused/applicant at this stage.
8. Therefore, the bail application as well as the pending application are
dismissed.
9. It is made clear that nothing observed in this order shall be read to the
prejudice of either side at the final stage of the trial.
10. 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=8401dd889b27a77b2f65ffffe4af
ec45569af3962c6fb4835d435f97626cacc
a, ou=HIGH COURT OF DELHI,CID -
KATHPALIA
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d
15570996b40f80cbd2eee60402c487965f
f801e26fa, cn=GIRISH KATHPALIA
Date: 2026.03.20 17:42:57 -07'00'
GIRISH KATHPALIA
(JUDGE)
MARCH 20, 2026/as
BAIL APPLICATION 815/2026 Page 3 of 3 pages
