[Cites 5, Cited by 0]
Delhi High Court
Anil Yadav vs State Of Nct Of Delhi on 24 March, 2026
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 24.03.2026
+ BAIL APPLN. 967/2024
ANIL YADAV .....Petitioner
Through: Mr. Bibek Tripathi and Mr. Ajay Kr.
Srivastava, Advocates.
versus
STATE OF NCT OF DELHI .....Respondent
Through: Mr. Sanjeev Sabharwal, APP with
Inspector Bhoopender Kumar and SI
Sweety Malik, PS Paharganj.
Ms. Astha, DHCLSC (through
videoconferencing) and Ms. Megha
Singh, Advocate for prosecutrix.
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks regular bail in case FIR No. 394/2021 of
PS Paharganj for offence under Section 366/323/342/376(3) IPC and Section
6 POCSO Act.
1.1 This bail application came up for the first hearing on 18.03.2024
before the predecessor bench and thereafter continued getting adjourned
before different benches. Along with 179 such old pending bail applications,
this application also was transferred to this bench.
BAIL APPLN. 967/2024 Page 1 of 3 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec455
COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570
996b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Digitally Signed Date: 2026.03.24 16:45:39 -07'00'
By:RAHUL YADAV
Signing Date:24.03.2026
17:14:42
1.2 Today is the first effective hearing before me.
2. I have heard learned counsel for accused/applicant and learned APP
for State assisted by IO/SI Sweety Malik. I have also heard learned counsel
for prosecutrix.
3. Broadly speaking, the prosecution case is that the accused/applicant,
who was treated as brother by the 13 year old prosecutrix (the prosecutrix
also tied rakhi on the accused/applicant), took her to a hotel on a false
pretext and forcibly raped her after gagging her with a cloth.
4. Learned counsel for accused/applicant submits that the only ground
on which he is pressing for grant of bail is that the accused/applicant is in
custody for past four and half years and the trial has almost concluded. No
other ground has been raised.
5. Learned APP for State and learned counsel for prosecutrix strongly
oppose the bail application on the ground of gravity of offence. It is also
submitted by learned APP on instructions of IO that the prosecutrix has
completely supported the prosecution case during her testimony before the
trial court, and now only two formal witnesses of police remain to be
examined.
6. In her FIR, the prosecutrix has narrated the incident in detail including
the manner in which she tried to resist but was immobilized by the
accused/applicant, who even gagged her with cloth. It is not a case of only
alleged rape. It is a case of the alleged rape where the prosecutrix used to
BAIL APPLN. 967/2024 Page 2 of 3 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec455
COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570
996b40f80cbd2eee60402c487965ff801e26fa,
Digitally Signed cn=GIRISH KATHPALIA
Date: 2026.03.24 16:45:27 -07'00'
By:RAHUL YADAV
Signing Date:24.03.2026
17:14:42
treat the accused/applicant as brother and tied rakhi on him, thereby trusted
him.
7. As mentioned above, prosecutrix has supported the prosecution case
during her testimony before the trial court.
8. So far as the period of incarceration is concerned, the offence under
Section 6 POCSO Act with which the accused/applicant has been charged is
punishable with imprisonment for a term which shall not be less than 20
years but which may extend to imprisonment for life and the life
imprisonment shall be for remainder of natural life of the accused/applicant.
As mentioned above, trial has almost concluded and only two witnesses, that
too formal ones remain to be examined.
9. Considering the above circumstances, I do not find it a fit case to
grant bail. Therefore, the bail application is dismissed.
10. Copy of this order be sent to the jail superintendent for being
conveyed to the accused/applicant forthwith.
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec455
69af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570
996b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.03.24 16:45:14 -07'00'
GIRISH KATHPALIA
(JUDGE)
MARCH 24, 2026/dr
BAIL APPLN. 967/2024 Page 3 of 3 pages
