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2026 DAILYLAW 11594 (DEL)

SHRWAN KUMAR v. STATE (NCT OF DELHI)

BAIL APPLN./1844/2026 · 2026-07-07

Madhu Jain

body2026

Judgment text

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$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1844/2026 & CRL.M.A. 14910/2026, CRL.M.A. 14941/2026 SHRWAN KUMAR .....Petitioner Through: Mr. Pankaj Srivastav, Advocate. versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Manoj Pant, APP for State. CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 07.07.2026 1. This hearing has been done through hybrid mode. 2. The present bail application has been filed by the Petitioner/Applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’) read with Section 528 of the BNSS, 2023, in FIR No. 142/2025, registered at Police Station Kotla Mubarakpur, for the offences punishable under Sections 137(2)/65(1) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012, seeking grant of regular bail. 3. Learned counsel for the Petitioner submits that the prosecutrix, on her own, went with the petitioner and had initially declined to undergo an internal medical examination. He further submits that before the learned Magistrate, in her statement recorded under Section 183 of the BNSS (corresponding to Section 164 of the Code of Criminal Procedure, 1973), she stated that she had 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 13/07/2026 at 16:08:24 gone with the petitioner of her own free will and that there was no fault on the part of the petitioner. It is further submitted that, subsequently, before the learned Trial Court, she changed her statement under the pressure of her mother and other family members, and that learned counsel for the prosecutrix was prompting the prosecutrix during her examination-in-chief and cross- examination before the Trial Court. 4. Learned APP for the State submits that the victim was only 15 years of age, which is an admitted position, and that she has clearly stated before the Trial Court that, while giving her statement before the learned Magistrate under Section 183 of the BNSS (Section 164 CrPC), she was scared and, therefore, did not disclose the true facts. 5. He further submits that before the Trial Court, she has duly supported the case of the prosecution and, considering the heinous nature of the allegations, no ground for grant of bail is made out. 6. The Court has perused the record. 7. The petitioner is in judicial custody for the last one year. Though the statements of the prosecutrix and her mother stand recorded before the learned Trial Court, a perusal of the testimony of the prosecutrix shows that she has duly given the reason for not telling the truth before the learned Metropolitan Magistrate in her statement under Section 183 of the BNSS (Section 164 CrPC), and before the Trial Court she has stated that the accused took her away and committed sexual intercourse with her. 8. It is an admitted case that the Prosecutrix is a minor. Keeping in view the gravity of the offence and the nature of the allegations, no ground for grant of bail is made out. 9. Accordingly, the present bail application is dismissed. Pending 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 13/07/2026 at 16:08:24 application(s), if any, also stand disposed of. 10. The order be uploaded on the website forthwith. MADHU JAIN, J. JULY 7, 2026/b/m 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 13/07/2026 at 16:08:24