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2026 DAILYLAW 12695 (DEL)

DILSHAD v. STATE OF NCT OF DELHI

BAIL APPLN./2285/2026 · 2026-07-21

Manoj Jain

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

BAIL APPLN. 2285/2026 1 $~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2285/2026 DILSHAD .....Petitioner Through: Mr. Shubham Aggarwal and Ms. Neha Singhal, Advocates versus STATE OF NCT OF DELHI .....Respondent Through: Ms. Priyanka Dalal, APP for State SI Snehlata, PS Aman Vihar CORAM: HON'BLE MR. JUSTICE MANOJ JAIN O R D E R % 21.07.2026 CRL.M.A. 18157-18158/2026 (for exemption) Exemption allowed, subject to all just exceptions. BAIL APPLN. 2285/2026 1. Applicant seeks regular bail in case FIR No. 0078/2026 registered at Police Station Aman Vihar for commission of offences under Section 137(2) of Bharatiya Nyaya Sanhita, 2023 (corresponding Section 363 IPC) and Section 6 of Protection of Children from Sexual Offences Act, 2012. 2. According to applicant, he has been falsely implicated in the present matter. Learned counsel for applicant submits that they came in contact of each other through a social-media application but on the alleged date, when the victim claimed that she was sexually assaulted by him, he was not even in the town. 3. As per allegations appearing in the FIR, the victim-girl had come 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 22/07/2026 at 11:46:33 BAIL APPLN. 2285/2026 2 contact of applicant through Moj App and they started calling each other. According to her, he took her with him on some false pretext and then clicked her photographs and, later on, made physical relations with her, against her will and consent. 4. Fact remains that she did not reveal about the incident to anyone immediately after the alleged sexual assault and it was only when she learnt that she had become pregnant, matter came to fore. 5. Applicant was arrested on 10.02.2026 and is in custody since then. 6. Charges have already been framed. 7. Learned counsel for applicant submits that prosecution story stands falsified from the very fact that FSL report does not indict the applicant as he is not found to be the biological father of the fetus. Pregnancy in question was aborted but DNA of the fetus was preserved and learned Addl. P.P. for State, also, does admit that as per the FSL report, the applicant, herein, is not the biological father of fetus in question. 8. No subsequent statement of prosecutrix seems to have been recorded, seeking clarification with respect to the aforesaid scientific piece of evidence which, somehow, belies her own version. 9. Prosecutrix is present in Court with her mother and when asked, she submitted that she would have no objection if applicant is released on bail. They have been duly identified by investigating officer. 10. Keeping in mind the overall facts and circumstances of the case, albeit, without expressing any opinion over the merits of the case, applicant is admitted to bail on his furnishing personal bond and surety bond in a sum of Rs. 25,000/- each subject to the satisfaction of concerned learned Trial Court/Chief Judicial Magistrate/Duty Judicial Magistrate First Class and with 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 22/07/2026 at 11:46:33 BAIL APPLN. 2285/2026 3 the following conditions:- a) Surety would be local. b) Applicant shall appear before the learned Trial Court regularly on date(s) fixed. c) Applicant/accused shall not try to influence and intimidate any witness/complainant, directly or indirectly. e) The applicant/accused shall provide his mobile number to the investigating officer and shall keep the same operational till the disposal of the case. 11. The application stands disposed of in aforesaid terms. 12. A copy of this order be sent to the concerned Court and also to the Jail Superintendent for necessary information and compliance. MANOJ JAIN, J JULY 21, 2026/dr/sk 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 22/07/2026 at 11:46:33