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2025 DAILYLAW 5572 (DEL)

YOGESH DAHIYA v. STATE OF NCT OF DELHI & ANR.

BAIL APPLN./4227/2025 · 2026-07-24

Purushaindra Kumar Kaurav

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 4227/2025 YOGESH DAHIYA .....Petitioner Through: Mr Kush Sharma, Mr Sumit, Mr Nishchay Nigam, Ms Asiya Khan, Ms Niharika Tanwar, Mr Abdul Vahid, Mr Varun Sharma, Mr Atharva Gaur and Mr Anmol, Advocates. versus STATE OF NCT OF DELHI & ANR. .....Respondent Through: Mr. Shoaib Haider, APP for State along with the IO. Mr. Vivek Shokeen, Advocate for complainant. CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 24.07.2026 1. The present application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 438 Cr.P.C., seeking anticipatory bail in FIR No. 642/2025 registered at Police Station Narela Delhi for the offences punishable under Sections 376, 354D, 506 and 509 of the Indian Penal Code. 2. The prosecutrix alleged that the petitioner established physical relations with her on several occasions and subjected her to stalking, 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 30/07/2026 at 14:21:32 criminal intimidation and insults to her modesty. On the basis of her complaint, the aforesaid FIR came to be registered on 21.09.2025. 3. Learned counsel appearing for the petitioner submits that the petitioner and the prosecutrix were acquainted with each other since the year 2023 and were in a consensual relationship. It is submitted that an earlier complaint lodged by the prosecutrix in May, 2025 was amicably settled upon payment of ₹2,25,000/-, whereafter the prosecutrix withdrew the said complaint by furnishing a written undertaking before the concerned police authorities. It is further submitted that despite the earlier settlement, the prosecutrix lodged the present FIR on 21.09.2025 and subsequently demanded further amounts for withdrawal of the proceedings. 4. Learned counsel submits that the petitioner has joined the investigation on every occasion, has cooperated with the Investigating Agency and custodial interrogation is no longer warranted. 5. Learned APP for the State, assisted by the Investigating Officer, has placed on record the status report. It is submitted that pursuant to the directions of this Court, transcripts of the audio messages allegedly sent by the petitioner to the prosecutrix have also been filed. The Investigating Officer, however, fairly submits that the petitioner has joined the investigation and has cooperated throughout. It is further submitted that the investigation is complete insofar as the petitioner is concerned and the charge-sheet has been prepared and shall be filed shortly. 6. Learned counsel appearing for the complainant has opposed the prayer for anticipatory bail. 7. I have considered the submissions advanced by learned counsel for the parties and perused the material available on record. 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 30/07/2026 at 14:21:32 8. Perusal of the record indicates that the petitioner was granted interim protection from arrest vide order dated 06.11.2025 and, during the period of such protection, he has joined the investigation as and when required by the Investigating Officer. The Investigating Officer has confirmed before this Court that the petitioner has fully cooperated in the investigation and that the charge-sheet is ready for filing. 9. The Supreme Court in Siddharam Satlingappa Mhetre v. State of Maharashtra1, noted that while considering bail matters, “89. It is imperative for the courts to carefully and with meticulous precision evaluate the facts of the case. The discretion must be exercised on the basis of the available material and the facts of the particular case. In cases where the court is of the considered view that the accused has joined investigation and he is fully cooperating with the investigating agency and is not likely to abscond, in that event, custodial interrogation should be avoided.” [Emphasis Supplied] 10. Applying the aforesaid principle, to the facts of the present case, particularly the cooperation extended by the petitioner during investigation this Court is of the opinion that the interim protection granted to the petitioner deserves to be confirmed. 11. Accordingly, the interim order dated 06.11.2025 is made absolute. It is directed that in the event of his arrest in FIR No. 642/2025 registered at Police Station Narela, the petitioner shall be released on bail, subject to such terms and conditions as may be imposed by the Arresting Officer/Investigating Officer in accordance with law. 1 (2011) 1 SCC 694 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 30/07/2026 at 14:21:32 12. With the aforesaid directions, the application stands disposed of. PURUSHAINDRA KUMAR KAURAV, J JULY 24, 2026 aks/ss 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 30/07/2026 at 14:21:32