$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 4976/2025 LEKHRAJ ...Applicant Through: Mr. Sumit Kumar, Adv. versus STATE NCT OF DELHI ...Respondent Through: Mr. Satish Kumar, APP for the State with Mr. Aditya Vikram Singh, Adv. Mr. Sarthak Karol, Advocate (DHCLSC) with Ms. Neelakshi Bhadauria and Mr. Shashank Sharma, Advs. for prosecutrix SI-Anju, PS: Narela Industrial Area CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 07.07.2026 1. By virtue of the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant seeks grant of regular bail in proceedings arising out of FIR No.863/2024 dated 12.09.2024 registered at PS: Narela Industrial Area under Sections 64(2)(k)/115(2)/126(2)/87 of the Bharatiya Nyaya Sanhita, 2023. 2. Succinctly put, as per prosecution, on 07.09.2024 at around 12:00 Noon the prosecutrix, who is suffering from 60% locomotor and 50% neurological disability, had stepped out of her home to dispose of garbage when the applicant, cousin of an erstwhile friend of the prosecutrix, caught hold of her and forcefully dragged her to a nearby factory, where he committed penetrative sexual assault upon her for a period of two hours and then left her somewhere on the way to her home. Since the prosecutrix This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/07/2026 at 10:32:16 was unable to communicate directly with the police owing to her disability, her statement was recorded based on the detailed interaction conducted by the Special Teacher of the prosecutrix at her school, whereafter the prosecutrix guided the police to the factory where the incident took place as also to the house of the applicant and identified him, leading to his arrest and registration of the FIR. 3. In this factual backdrop, this Court has heard learned counsel for applicant, learned APP as well as learned counsel for the prosecutrix who has also handed over the written synopsis, which is taken on record. 4. The present case not only involves allegations of grave and heinous acts committed against a woman, but more specifically, serious atrocities against a specially-abled person like the prosecutrix herein who is in an undisputably vulnerable position, as evident from her IHBAS certificate dated 29.04.2016 certifying that she is suffering from 60% locomotor and 50% neurological disability. Record reveals that the prosecutrix has remained consistent in the details of the said allegations throughout, be it when she made initial statements to the Special Teacher at the time of registration of FIR, the subsequent statements before the police as well as the magistrate, as also her examination during trial. Moreover, she has also identified the applicant during her cross-examination before the learned Trial Court. 5. Also, this is a case wherein it is not in dispute that the applicant resides in close proximity with the prosecutrix. 6. Under the aforesaid facts, though learned counsel for applicant has primarily sought to rely upon the delay in registration of the FIR, considering the present FIR involves bodily harm to the prosecutrix, in This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/07/2026 at 10:32:16 view of the condition/ constraints of the prosecutrix, wherein it is specifically disclosed in the FIR that she was unable to communicate directly to the police, or even to the other teachers at her school, and her statement could only be recorded after a patient interaction with her Special Teacher, mere delay of a few days is not relevant. Other contentions asserted/ argued by learned counsel for the applicant are such which are predominantly matters of trial and this Court is only dealing with the present application for grant of regular bail. 7. Therefore, taking a cumulative view of the facts and circumstances involved, and since the vulnerability of the prosecutrix raises every apprehension in the mind of this Court that release of the applicant on bail at this stage could pose a serious threat to the prosecutrix, the regular bail sought by the applicant is denied. 8. Accordingly, the present application is dismissed. 9. Needless to say, expression of view(s), if any, on the merits are solely for the purposes of adjudication of the present application and shall have no bearing on the trial. SAURABH BANERJEE, J. JULY 07, 2026/Ab This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/07/2026 at 10:32:16