Research › Search › Judgment

High Court of Delhi · body

2026 DAILYLAW 13511 (DEL)

RAHUL KUMAR v. STATE OF NCT OF DELHI

BAIL APPLN./2106/2026 · 2026-07-29

Manoj Jain

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

BAIL APPLN. 2106/2026 1 $~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2106/2026 RAHUL KUMAR .....Petitioner Through: Mr. Anil Kumar Singh, Advocate. versus STATE OF NCT OF DELHI .....Respondent Through: Ms. Priyanka Dalal, APP with SI Sunita. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN O R D E R % 29.07.2026 1. Applicant seeks grant of regular bail in case arising out of FIR bearing No.132/2024, registered at Police Station Pul Prahladpur for the commission of offences punishable under Sections 363/366A/376 IPC & 6 POCSO (Protection of Children from Sexual Offences) Act, 2012. 2. The abovesaid FIR was registered on 30.03.2024 at the instance of father of the victim girl, who reported that his daughter aged 14 years was missing since 29.03.2024. 3. During investigation, the missing girl herself came at the Police Station with a lawyer and reported that she had gone to Jaitpur, at the house of her friend-Rahul. She also claimed that her age was above 18 and she got married to Rahul and was living with him as his wife, albeit, no physical relation was there between them. 4. She reiterated the same story when she was referred to AIIMS Hospital for medical examination and denied there being any sexual intercourse or any physical or verbal assault. She refused to undergo any internal examination. 5. In her statement made under Section 164 Cr.P.C., she reiterated that she got married to Rahul in the presence of his parents and also supplemented 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 14:21:19 BAIL APPLN. 2106/2026 2 that Rahul did not know about her exact age and presumed that she was major. In her such statement, she, however, admitted that after marriage, there was physical relation between the two, which was with her consent. 6. Eventually, she was found to be 14 years of age only and it is in the abovesaid backdrop that chargesheet was filed against the applicant, inter alia, for commission of offences under Section 376 IPC and Section 6 of POCSO Act. 7. The victim girl has already entered into witness box. Her father has also been examined. 8. Prosecution relies upon 23 witnesses and apparently, there is no likelihood of trial getting completed in near future. 9. The accused is in incarceration for the last more than two years. 10. The bail application was kept for today and the concerned IO was also directed to get in touch with the victim so that her response, if any, is duly considered. Learned APP for the State submits that she has been duly intimated but for the reasons best known to her, she has not appeared today and when the IO tried to contact her, she did not pick up her call. 11. Keeping in mind the overall facts of the case, the statement which the victim had made under Section 164 Cr.P.C. and the fact that since she has already been examined there is no chance of her being intimidated or influenced in any manner whatsoever, albeit, without observing any opinion over the merits of the case, the applicant is, hereby, directed to be released on bail on his furnishing personal bond in a sum of Rs. 25,000/- with one surety of like amount, subject to the satisfaction of learned Trial Court/CMM/Duty Magistrate with the following conditions:- a) Surety would be local. 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 14:21:19 BAIL APPLN. 2106/2026 3 b) Applicant shall appear before the learned Trial Court regularly on date(s) fixed. c) Applicant/accused shall not come in contact of any witness, directly or indirectly. d) The applicant/accused shall provide his mobile number to the investigating officer and shall keep the same operational all the time, till the disposal of the case. 12. The application stands disposed of in aforesaid terms. 13. 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 29, 2026/sw/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 30/07/2026 at 14:21:19